Race, religion, and reds -- Making history : the passage of ESEA -- Putting down roots, 1965-1968 -- How much? budget battles, 1969-1977 -- Ending massive resistance : the federal government and southern school desegregation, 1964-1970 -- Education reform in the Nixon administration : the case of bilingual education -- Transforming special education : the genesis of the Education For All Handicapped Children Act -- Compensatory education through the courts : the politics of school finance -- Teacher power : Carter, NEA, and the creation of the Department of Education -- Education and the Reagan revolution
States regulate products. They may make access to their market, or favourable rates of taxation, conditional on compliance by products with rules that aim to protect safety, health, morality, the environment and so on. When these rules concern the physical composition of the product, regulating, for example, the ingredients in foodstuffs or the chemicals used in toys, or the recyclability of batteries,Cassis de Dijon, and its legislative and jurisprudential spawn, tell the European lawyer how to approach the resulting barriers to trade.
Scholars assessing Richard Nixon's contribution to the desegregation of Southern schools have often been unimpressed. His biographer Stephen Ambrose concedes that there was some White House contribution, but observes that "Nixon had to be hauled kicking and screaming into desegregation on a meaningful scale, and he did what he did not because it was right but because he had no choice." The political scientist Michael Genovese concurs, telling us that Nixon sought to "withdraw the federal government from its efforts at desegregation." A recent civil rights dictionary concludes that this was "the first successful presidential candidate to be opposed to civil rights enforcement," adding that "many of his tactics thwarted the furthering of school desegregation." The noted civil rights historian, William Chafe, meanwhile, contends that "Nixon repeatedly demonstrated his commitment to the politics of polarization"; "continued to embrace" southern evasions that "had been invalidated by the Supreme Court"; and used "the power of the presidency to delay, if not halt completely, federally imposed school desegregation." And Kevin O'Reilly, in an overview of presidential leadership on civil rights, finds the 37th president to have been essentially indistinguishable from the race-baiting George Wallace. Nixon resented the Alabamian, he reveals, because "he wanted the gutter all to himself." Considering a number of contenders, he concludes that "school desegregation emerged as the administration's most important and enduring (anti)civil rights crusade."
Rights of patients to seek medical treatment from foreign providers are creating a European market for healthcare services which will require regulation. Legislation on the basis of the internal market can address numerous issues of pricing, accessibility of services and access to markets, competition and state aids, as well as consolidating and clarifying patient rights. Potentially this amounts to a significant role for the Community in the regulation of national health care systems, whose legal context may come to resemble that of other network industries such as telecoms and energy. The legal, political and social implications of this de facto transfer of competence are large, which is why a cautious approach is justified. It may be wise to focus initial legislation primarily on patient rights. Such legislation makes minimal direct demands of national systems, but uses the patient as an agent, who by exercising his/ her rights forces those systems to adapt their behaviour and structure, and become more open. The familiar internal market pattern then recurs, whereby enforcement of individual rights results in liberalization and some degree of natural harmonization, after which market regulating legislation becomes a necessary and natural step and the transfer of power is complete.
