Critical Perspectives to Advance Educational Equity and Health Justice.

A robust body of research supports the centrality of K-12 education to health and well-being. Critical perspectives, particularly Critical Race Theory (CRT) and Dis/ability Critical Race Studies (DisCrit), can deepen and widen health justice's exploration of how and why a range of educational inequities drive health disparities. The CRT approaches of counternarrative storytelling, race consciousness, intersectionality, and praxis can help scholars, researchers, policymakers, and advocates understand the disparate negative health impacts of education law and policy on students of color, students with disabilities, and those with intersecting identities. Critical perspectives focus upon and strengthen the necessary exploration of how structural racism, ableism, and other systemic barriers manifest in education and drive health disparities so that these barriers can be removed.

The Fallacy of Choice: the Destructive Effect of School Vouchers on Children With Disabilities.

This Article addresses the impact of school voucher programs on students with disabilities. We show that for children with disabilities, the price of admission into so-called "school choice" programs is so high that it is effectively no real choice at all. School voucher programs require students with disabilities to sign away their robust federal rights and protections in the public school system. Under the Individuals with Disabilities Education Act (IDEA)--the preeminent legislative safeguard for students with disabilities--these rights include the right to a "free and appropriate public education" delivered through an "individualized education plan." By giving up these protections, children with disabilities are left at the mercy of private schools that have no legal obligation to provide them with an appropriate education, and, in the vast majority of cases, are not legally prohibited from discriminating against them on the basis of their disability. We argue that school voucher programs--including a proposed federal voucher program--put the education of students with disabilities back decades, and likely constitute a violation of the Equal Protection Clause of the U.S. Constitution.

In-services and empty threats: The roles of organizational practices and workplace experiences in shaping U.S. educators' understandings of students' rights.

This paper applies theoretical frameworks from organizational sociology and sociolegal studies to examine factors associated with educators' conceptions of students' rights to due process in disciplinary actions. We analyze a unique representative data set of 402 teachers and 200 administrators in U.S. high schools to investigate how educators understand the rights to due process articulated in the Supreme Court case of Goss v. Lopez (1975). We then examine whether individual characteristics and participation in organizational processes are associated with educators' understandings of students' due process rights. Findings suggest that educators' understandings of students' entitlements to due process vary with educators' level of education, experience of school-related legal threats, and participation in district or diocese in-service training programs on students' rights. Results point to organizational climate as a key factor in shaping educators' rights conceptions and the role of law in American schools.

School-based gay-affirmative interventions: first amendment and ethical concerns.

Public health professionals and educators have developed effective school-based interventions to reduce prejudice and stigma against lesbian, gay, bisexual, and transgender (LGBT) students. Such interventions can reduce the harm caused to sexual minority youths by stigma and can improve health outcomes. However, critics have warned that these interventions attempt to control speech and religious beliefs protected by the First Amendment. We review this critique and assess the legal and ethical arguments. We conclude that, both legally and ethically, there is great leeway for schools to implement LGBT-affirmative interventions. Still, we recommend that interventionists attend critics' concerns using principles of community-based participatory research (CBPR). Using CBPR approaches, interventionists can achieve better community acceptance and cooperation and more successful interventions.

Overturning anti-miscegenation laws: news media coverage of the Lovings' legal case against the state of Virginia.

This study fills a gap in scholarship by exploring historical news coverage of interracial relationships. It examines coverage by The New York Times, Washington Post and Times-Herald, and Chicago Tribune of the progression of the landmark civil rights case of Loving v. Virginia, in which the Supreme Court overturned Virginia's anti-miscegenation law, which prohibited marriage between any White and non-White person. An analysis of the frames and sources used in these publications' news stories about the case indicate all three publications' coverage favored the Lovings.

The donor-conceived child's "Right to Personal Identity": the public debate on donor anonymity in the United Kingdom.

On 1 April 2005, with the implementation of the Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004, United Kingdom law was changed to allow children born through gamete donation to access details identifying the donor. Drawing on trends in adoption law, the decision to abolish donor anonymity was strongly influenced by a discourse that asserted the 'child's right to personal identity'. Through examination of the donor anonymity debate in the public realm, while adopting a social constructionist approach, this article discusses how donor anonymity has been defined as a social problem that requires a regulative response. It focuses on the child's 'right to personal identity' claims, and discusses the genetic essentialism behind these claims. By basing its assumptions on an adoption analogy, United Kingdom law ascribes a social meaning to the genetic relatedness between gamete donors and the offspring.

Rights to food with a human face in the global south.

This article seeks to dispel the popular myth surrounding the food crises which precipitated food riots in the global South in 2008. Arguing from a structural and historical perspective, the article suggests that global hunger is a deep-rooted crisis that is embedded in the social and structural variables associated within the nation-state that places a restraint on the self-regulating capacity of nation-states in the South. Internationalizing the food crisis, however, will do more harm to the south's agricultural transformation and rural development. The article argues for integrated rural development that will increase output growth through an institutional, technological, and marketing strategy.

New voters, new outlook? Predispositions, social networks, and the changing politics of gay civil rights.

Objectives. This study examines the factors that shape public acceptance of homosexuality and support for same-sex marriage across age cohorts.Methods. We analyzed data from two national surveys. We constructed hierarchical logistic and hierarchical ordinary least squares regressions for relevant age cohorts in order to test our hypotheses and explore our research questions.Results. Our models suggest that personal contact has a greater impact on the attitudes of younger respondents, positively influencing public acceptance of homosexuality. Alternatively, religious and ideological predispositions have a greater impact on the attitudes of older individuals. When examining public support for gay marriage, we find that younger individuals have higher levels of deliberative engagement with the issue debate, while older individuals rely more heavily on their predispositions when determining issue stance. Interestingly, measures of media exposure are not significantly related to either public acceptance of homosexuality or support for same-sex marriage, suggesting that other factors may have a greater impact on public attitudes at this point in time.Conclusion. The implications of these findings are discussed in light of the emergence of a new political generation and the continuing struggle for gay civil rights.

Direct democracy and minority rights: same-sex marriage bans in the U.S.

Objectives. A common critique of direct democracy posits that minority rights are endangered by citizen legislative institutions. By allowing citizens to directly create public policy, these institutions avoid the filtering mechanisms of representative democracy that provide a check on the power of the majority. Empirical research, however, has produced conflicting results that leave the question of direct democracy's effect on minority rights open to debate. This article seeks to empirically test this critique using a comparative, dynamic approach.Methods. I examine the diffusion of same-sex marriage bans in the United States using event-history analysis, comparing direct-democracy states to non-direct-democracy states.Results. The results show that direct-democracy states are significantly more likely than other states to adopt same-sex marriage bans.Conclusion. The findings support the majoritarian critique of direct democracy, suggesting that the rights of minority groups are at relatively higher risk under systems with direct democracy.

LGBTQs in the city, queering urban space.

Since the 1960s, lesbian, gay, bisexual, transgender and queer (LGBTQ) culture has developed in big cities and metropolises everywhere (not only in the West, but also in Asia, Latin America and indeed Africa). This essay examines how cities provide the spatial conditions necessary for the formation of such emancipatory movements based on identity politics and strategies which transcend binary gender dualism. The starting point of this investigation is my thesis that only urban life enables LGBTQ individuals to live their lives fully, realize their (sexual) identities, and furthermore organize themselves collectively, become publicly visible, and appropriate urban, societal and political spaces.

The two worlds of race: a historical view.

Franklin's essay traces the practices, policies, and laws that, from colonial times through the mid-1960s moment when he composed his essay, created and sustained the two worlds of race in America. He outlines the history of efforts from that period to alleviate racial distinctions and to foster a "world of equality and complete human fellowship." Franklin cautions, however, that even certain well-intentioned efforts to extend services, opportunities, and rights to African Americans sometimes reinforced segregation and discrimination. He considers how key historical, legal, political, and social developments from the twentieth century -- World War II, the growth of labor unions, the Great Migration, America's ascendancy as a world power, among others -- advanced racial equality in America while often intensifying the backlash from opponents to such equality. Still, Franklin concludes optimistically that however strident those opponents may be, they "have been significantly weakened by the very force of the numbers and elements now seeking to eliminate the two worlds of race."

At last...?: Michelle Obama, Beyoncé, race & history.

In this essay, Griffin brings to the fore two extraordinary black women of our age: First Lady Michelle Obama and entertainment mogul Beyoncé Knowles. Both women signify change in race relations in America, yet both reveal that the history of racial inequality in this country is far from over. As an Ivy League-educated descendent of slaves, Michelle Obama is not just unfamiliar to the mainstream media and the Washington political scene; during the 2008 presidential campaign, she was vilified as angry and unpatriotic. Beyoncé, who controls the direction of her career in a way that pioneering black women entertainers could not, has nonetheless styled herself in ways that recall the distinct racial history of the Creole South. Griffin considers how Michelle Obama's and Beyoncé's use of their respective family histories and ancestry has bolstered or diminished their popular appeal.

Freedom, equality, race.

This essay explores come of the reasons for the continuing power of racial categorization in our era, and thus offers some friendly amendments to the more optimistic renderings of the term post-racial. Focusing mainly on the relationship between black and white Americans, it argues that the widespread embrace of universal values of freedom and equality, which most regard as antidotes to racial exclusion, actually reinforce it. The internal logic of these categories requires the construction of the "other." In America, where freedom and equality still stand at the contested center of collective identity, a history of racial oppression informs the very meaning of these terms. Thus the irony: much of the effort exerted to transcend race tends to fuel continuing division.

Racial liberalism, the Moynihan Report & the Daedalus Project on "The Negro American".

In 1965, Daniel Patrick Moynihan, then an official in the Johnson administration, published "The Negro Family: The Case for National Action," better known as the Moynihan Report. He was influenced by his participation in two conferences organized by the American Academy of Arts and Sciences in the mid-1960s, as well as two issues of its journal Daedalus, on the topic of "The Negro American." Arguing that the "damaged" family structure of African Americans would impede efforts to achieve full racial equality in the United States, the Moynihan Report launched an explosive debate that helped fracture a fragile liberal consensus on civil rights. Geary examines the report alongside the Daedalus project, establishing its roots in the racial liberalism of the mid-1960s and connecting it to efforts by liberals to address the socioeconomic dimensions of racial inequality. He considers the close relationship between scholarship and public policy that existed at the time and reflects on the ways liberal ideas about race have changed in the decades since.