Sex Discrimination and the Transformation of U.S. Education

2018 ◽  
Author(s):  
Erin E. Buzuvis
Keyword(s):  
Equal Opportunity ◽  
Sex Discrimination ◽  
Sexual Misconduct ◽  
Fourteenth Amendment ◽  
Equal Protection Clause ◽  
Lgbt Students ◽  
Societal Norms ◽  
Sex Equality ◽  
Equality In Education

This chapter highlights the role of Title IX of the Education Amendments Act of 1972 and the U.S. Constitution’s Equal Protection Clause of the Fourteenth Amendment in transforming the gendered landscape of U.S. education. After first providing an overview of these two sources of law, the chapter examines the role they have played in challenging sex-based designations in admissions and in the classroom, in promoting equal opportunity and access to school-sponsored athletics, in challenging sexual harassment and other sexual misconduct, in reducing barriers to LGBT students, and in promoting equal opportunity for students who are pregnant. Sections addressing each one of these topics will also note limitations and shortcomings of the law’s approach to these issues, as there is still more work to do to fully realize sex equality in education. While the law has not cured all the problems of sex discrimination education, owing to limitations in its scope, as well as enforceability, it has proven to be a powerful source of societal norms and expectations, which themselves operate to motivate compliance and beyond.

Campus Sexual Violence and Title IX: What is the Role of Restorative Justice Now?

2021 ◽  
pp. 155708512110626
Author(s):  
Shauntey James ◽  
Melanie D. Hetzel-Riggin
Keyword(s):  
Higher Education ◽  
Distributive Justice ◽  
Sexual Violence ◽  
Restorative Justice ◽  
Title Ix ◽  
Sexual Misconduct ◽  
College Campuses ◽  
Institutions Of Higher Education ◽  
Advantages And Disadvantages

Institutions of Higher Education (IHEs) have used restorative justice (RJ) to address sexual misconduct on college campuses under Title IX. In 2020, Title IX guidance was codified. The application of RJ under the new policy may create procedural and distributive justice issues. This article (1) defines the new policy; (2) explores suitability of RJ to sexual misconduct and specifically yellow zone behavior under the new policy; (3) discusses justice for the various stakeholders under the guise of advantages and disadvantages; and (4) makes recommendations to strengthen the choice of either implementing or not implementing restorative justice.

scholarly journals Maß (Moderation, Measure)

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Jocelyn Holland
Keyword(s):  
Aesthetic Experience ◽  
Nodal Point ◽  
Torquato Tasso ◽  
Societal Norms ◽  
Theatrical Performance ◽  
Wilhelm Meisters Lehrjahre ◽  
Elective Affinities ◽  
Theoretical Question ◽  
Narrative Control

This entry on Maß (moderation, measure) explores a concept that has not received much attention in Goethe scholarship and makes a case for its usefulness and versatility in tracking how Goethe addresses a philosophical issue with a history stretching at least back to Aristotle’s conception of “the golden mean.” It shows how Goethe’s writings respond to numerous issues connected with the concept of moderation, ranging from the problem of self-moderation, when an individual’s own internal calibration comes in conflict with societal norms, to the more theoretical question of how to define the correct standard of measure (Maßstab). The discussion of moderation in Goethe’s work is, to be sure, coupled with its opposite, namely the potentially deadly threat of immoderation and excess, such as one finds in Die Leiden des jungen Werthers (1774; The Sorrows of Young Werther), Wilhelm Meisters Lehrjahre (1795; Wilhelm Meister’s Apprenticeship), and Torquato Tasso (1790). Such potential conflicts, which also raise questions of where to position the standard of measure (Maßstab) of behavior, lead naturally into contexts of scientific experimentation, as in Goethe’s essay “Der Versuch als Vermittler von Objekt und Subjekt” (1792; The Experiment as Mediator of Object and Subject), where such standards take on a different valence from their role in mathematically based natural sciences. In addition, Goethe’s novel, Die Wahlverwandtschaften (1809; Elective Affinities), provides a poetic model where conflicts between individually and socially calibrated notions of measure and moderation play out with major ethical consequences. The entry concludes with a reflection on different kinds of aesthetic experience, each with its particular understanding of Maß: the individual’s appreciation of the sublime, the theatrical performance, and the embodiment of the self through poetic meter. Throughout these examples, the entry will underscore the role of narrative constraints: regardless of whether the medium is prose or poetry, one finds that questions of Maß as moderation in Goethe’s writings are often accompanied by questions of narrative control and excess. The following overview and analysis of Maß in Goethe’s writing will show that this term is a nodal point of ethical, epistemological, and aesthetic concerns.

Perlindungan Hukum Konsumen Pada Perjanjian Baku (Standar Contract) PT. Telkomsel Terhadap Penggunaan Kartu Pasca Bayar (Halo Kick)

2020 ◽  
Vol 2 (2) ◽  
pp. 134-145
Author(s):  
Ahyuni Yunus ◽  
Agustina Ali Bilondatu
Keyword(s):  
Research Method ◽  
Equal Opportunity ◽  
Legal Protection ◽  
Active Role ◽  
The State ◽  
Standard Contract ◽  
Role Of The State ◽  
Changing Times ◽  
The Stability

Penelitian ini bertujuan, pertama Bentuk perlindungan hukum konsumen pada perjanjian baku (Standart Contract) PT Telkomsel Terhadap Penggunaan Kartu Pasca Bayar (Halo Kick), kedua Upaya hukum konsumen Konsumen tindakan sepihak yang dilakukan oleh pihak Telkomsel. Metode penelitian yang digunakan adalah metode penelitian hukum normatif. Hasil penelitian menunjukkan bahwa, pertama, Perlindungan hukum terhadap pekerja dimaksudkan untuk menjamin hak-hak dasar dan menjamin kesamaan kesempatan serta perlakuan tanpa diskriminasi atas dasar apapun untuk mewujudkan kesejahteraan pekerja beserta keluarganya. Perlindungan pekerja tersebut hanya dapat tercapai jika adanya peran serta Negara secara aktif dalam menjaga stabilitas iklim industrialisasi dengan perindungan terhadap pekerja, atau dengan kata lain ditengah gesekan perubahan zaman dan menggeliatnya pertumbuhan ekonomi maka peran serta Negara merupakan keniscayaan. This study aims, firstly, the form of consumer legal protection in the PT Telkomsel standard contract against the use of postpaid cards (Halo Kick), secondly the consumer's legal efforts for unilateral actions taken by Telkomsel. The research method used is normative legal research method. The results show that, first, legal protection for workers is intended to guarantee basic rights and guarantee equal opportunity and treatment without discrimination on any basis to realize the welfare of workers and their families. Protection of workers can only be achieved if there is an active role of the State in maintaining the stability of the industrialization climate with protection of workers, or in other words, amidst the friction of changing times and stretching economic growth, the participation of the State is a necessity.

Women Entrepreneurs in Nigeria

2019 ◽  
pp. 56-73
Author(s):  
Tolulope Kayode-Adedeji ◽  
Oyinkansola Ige ◽  
Thelma Ekanem
Keyword(s):  
Mass Media ◽  
Gender Discrimination ◽  
Equal Opportunity ◽  
Data Gathering ◽  
African Culture ◽  
African Countries ◽  
Younger Women ◽  
The Media ◽  
The Mass Media

For ages, the African culture has limited the activities of women and conditioned, to a large extent, the mentality of most African countries about the place and positioning of women in the society. The mass media have been used as a tool in this. Promoting the abilities and achievements of women in the society is one of the important roles of the media in reducing the rate of gender discrimination. These achievements are becoming noticeable in politics and entrepreneurship; thus, setting a standard for other women in the society to build on. This chapter will explore the role of the media in promoting the woman entrepreneur in Nigeria. The study employed the survey research method for data gathering. Findings showed that women have equal opportunity to grow their businesses. Data shows that this growth is slow as there are no significant differences between respondents who agree or disagree with the availability of enabling environment for women to grow their business as compared to their male counterpart. The study recommends that the mass media need to give more voice to their businesses and activities to pave way and encourage the younger women in the society.

5. Equal Pay

2020 ◽  
pp. 163-176
Author(s):  
Astra Emir
Keyword(s):  
Burden Of Proof ◽  
Sex Discrimination ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Time Limits ◽  
Sex Equality ◽  
Equal Work ◽  
And Gender ◽  
Material Factor

This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.

Caste and the Politics of the Early ‘Public’ in Schooling: Dalit Struggle for an Equitable Education

2020 ◽  
Vol 17 (2) ◽  
pp. 126-154
Author(s):  
Geetha B. Nambissan
Keyword(s):  
Public Education ◽  
Mass Education ◽  
Publicly Funded ◽  
Social Spaces ◽  
Colonial State ◽  
The Public ◽  
Education Today ◽  
Equality In Education ◽  
Colonial Government

In this article, I draw attention to the early 1850s in the Bombay Presidency when the colonial government first assumed responsibility for mass education. I show that in the subsequent decades, publicly funded schooling was narrow and extremely exclusive as a result of the strong opposition of dominant castes to the education of the Dalits (‘Untouchable’ castes) as well as ambivalences and compromises of the colonial state to equality in education. I argue that in the efforts towards shaping of a more inclusive and ‘equitable’ public education, the struggles of the most excluded and stigmatised castes, the Untouchables, were crucial and have hitherto received little attention. Initiatives from within the community as well as the role of radical social reformers (I refer to Phule), Dalit activists and leaders such as Ambedkar in political and social spaces in relation to education also deserve far more serious study and acknowledgement. The neglect of the Untouchable castes in histories of education has resulted in failure to recognise their extraordinary efforts to spread education within their communities and significant contestations from below as well as in shaping discourses and practices around the ‘public’ in schooling. It also reminds us that as we defend the public in education today, we must understand the politics around it.

Sexual violence on US college campuses: history and challenges

2018 ◽  
pp. 63-82
Author(s):  
Renate Klein
Keyword(s):  
Sexual Violence ◽  
Sexual Misconduct ◽  
Education Institution ◽  
College Campuses ◽  
Campus Culture ◽  
Institutional Governance ◽  
Policy Framing ◽  
College And University ◽  
History Of

This chapter discusses the history of sexual violence in US universities to see where things have changed and where they have not. It first explains the relevant terms, such as ‘higher education institution’, ‘college’ and ‘university’ as well as ‘on campus’, ‘sexualised violations’, and ‘sexual misconduct’. It then reviews the early research which overlooked the gendered nature of campus sexual violence, the initial efforts that sought to ‘teach women how to stay safe’ which were critiqued for implicit victim-blaming, and more recent prevention approaches which focus on bystander intervention and the role of friends, peers and social networks in preventing violence. It also examines victimisation and perpetration, along with the interrelationships between perpetration dynamics, campus culture and institutional governance. The chapter concludes with an analysis of issues relating to policy framing and victims' formal reporting.

Sign in / Sign up

Export Citation Format

Share Document