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Book part
Publication date: 12 June 2018

Mark E. Brandon

This chapter comments on the papers produced as part of the symposium on Law and the Imagining of Difference. The chapter observes that the diversity that marks the human species…

Abstract

This chapter comments on the papers produced as part of the symposium on Law and the Imagining of Difference. The chapter observes that the diversity that marks the human species gives rise to differences across individuals and groups. These differences create a challenge for law, for legal rules, and categories tend, among other things, to flatten or suppress difference. How to ensure that law treats differences properly? One way is to require that legal rules be rationally related to a proper purpose. Another is to require that persons be treated equally. If the principle of equality solves certain problems of flattening, it also may create problems. The key to applying properly the principle of equality, then, is to answer a set of antecedent questions: “who” must be treated as equal to whom, “with respect to what” rights or interests, and “how”? Martha Minow has provided rubrics for addressing these questions in ways that uncover problematic applications of the principle of equality. The chapter addresses the distinct versions of equality presupposed in claims for Douglas NeJaime’s arguments for same-sex marriage, Julie C. Suk’s social and economic approach to sex-based equality, and Megan A. Conway’s and Zanita E. Fenton’s ambitious explorations of the value of equality in the law of disabled persons. The chapter concludes that law can be directly responsive to some claims of inequality, but that other claims will require something other than law.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

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Book part
Publication date: 12 June 2018

Julie C. Suk

This chapter examines the relationship between constitutional guarantees of sex equality, understood as prohibiting unequal treatment between men and women, and the constitutional…

Abstract

This chapter examines the relationship between constitutional guarantees of sex equality, understood as prohibiting unequal treatment between men and women, and the constitutional protections of maternity. Textual guarantees of sex equality are nearly universal in constitutions around the world, and many constitutions in Europe, Latin America, and Asia also include provisions guaranteeing mothers the special protection of the state. In the United States, by contrast, the special treatment of mothers has long been contested as a threat to gender equality, and the efforts to add a sex equality amendment to the U.S. constitution have failed over the past century because of conflicts about the status of motherhood. This study traces the origins and jurisprudential development of maternity clauses in European constitutions to shed light on the possibility of synthesizing maternity protection with a constitutional commitment to gender equality.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

Keywords

Content available
Book part
Publication date: 12 June 2018

Abstract

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

Book part
Publication date: 12 June 2018

Douglas NeJaime

This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group…

Abstract

This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group often argue that the group merits inclusion in dominant institutions, and they do so by casting the group as like the majority. Scholars have criticized claims of this kind for affirming the status quo and muting significant differences of the excluded group. Yet, this chapter shows how these claims may also disrupt the status quo, transform dominant institutions, and convert distinctive features of the excluded group into more widely shared legal norms. This dynamic is observed in the context of lesbian, gay, bisexual, and transgender (LGBT) rights, and specifically through attention to three phases of LGBT advocacy: (1) claims to parental recognition of unmarried same-sex parents, (2) claims to marriage, and (3) claims regarding the consequences of marriage for same-sex parents. The analysis shows how claims that appeared assimilationist – demanding inclusion in marriage and parenthood by arguing that same-sex couples are similarly situated to their different-sex counterparts – subtly challenged and reshaped legal norms governing parenthood, including marital parenthood. While this chapter focuses on LGBT claims, it uncovers a dynamic that may exist in other settings.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

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Book part
Publication date: 12 December 2023

Rebekka J. Jez

Although special education was built upon the foundation of the Civil Rights Act of 1964, the discrimination that many racialized students receiving special education services…

Abstract

Although special education was built upon the foundation of the Civil Rights Act of 1964, the discrimination that many racialized students receiving special education services experience cannot be denied. Many culturally, ethnically, and linguistically diverse students receiving special education services encounter labels that perpetuate racism and ableism and lead to inequitable access to services and resources necessary for more positive postsecondary outcomes. By honoring intersectionality and dismantling the singular identity, educators can become change agents and shift the historic oppressive narrative to create a system of empowerment as these individuals transition from transitional kindergarten to age 21 special education programs (TK-21) schools into adulthood.

Details

Contextualizing Critical Race Theory on Inclusive Education From a Scholar-Practitioner Perspective
Type: Book
ISBN: 978-1-80455-530-9

Keywords

Book part
Publication date: 12 June 2018

Zanita E. Fenton

This chapter contributes to the discourse of difference by problematizing the sameness/difference trope through the lens of the exceptional. It explores the nature of being…

Abstract

This chapter contributes to the discourse of difference by problematizing the sameness/difference trope through the lens of the exceptional. It explores the nature of being exceptional with an expectation that its nature is contingent and variable. At the heart of understanding what constitutes exceptional is its implicit comparison with the average. While exceptional is defined to include both individuals who achieve in extraordinary ways and individuals with a physical or mental impairment, the two definitions are consonant in that both describe individuals who deviate from expected norms. Relying on the insights from pragmatism, this chapter considers community habits exceptional individuals must confront in forming their choices. In this way, it further adheres to the lessons from pragmatism for norm change. The strategies individuals use to alter the effects of being perceived as exceptional contribute to the overall discourse in equality and equal protection and potentially constitute the individual action that formulates change. It examines some approaches to the Americans with Disabilities Act (ADA) derived from civil rights and from economic perspectives and the relevant matrix of choices available to the exceptional to understand the potential for productive change. With this foreground, it examines the choice of exceptional individuals to cover or convey matters of their identity. This chapter pays particular attention to these choices in seeking accommodations under the ADA. Ultimately, this study strives to participate in the conversation seeking to maximize human potential.

Article
Publication date: 1 June 1985

The librarian and researcher have to be able to uncover specific articles in their areas of interest. This Bibliography is designed to help. Volume IV, like Volume III, contains…

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Abstract

The librarian and researcher have to be able to uncover specific articles in their areas of interest. This Bibliography is designed to help. Volume IV, like Volume III, contains features to help the reader to retrieve relevant literature from MCB University Press' considerable output. Each entry within has been indexed according to author(s) and the Fifth Edition of the SCIMP/SCAMP Thesaurus. The latter thus provides a full subject index to facilitate rapid retrieval. Each article or book is assigned its own unique number and this is used in both the subject and author index. This Volume indexes 29 journals indicating the depth, coverage and expansion of MCB's portfolio.

Details

Management Decision, vol. 23 no. 6
Type: Research Article
ISSN: 0025-1747

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Article
Publication date: 1 December 2004

George K. Stylios

Examines the tenth published year of the ITCRR. Runs the whole gamut of textile innovation, research and testing, some of which investigates hitherto untouched aspects. Subjects…

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Abstract

Examines the tenth published year of the ITCRR. Runs the whole gamut of textile innovation, research and testing, some of which investigates hitherto untouched aspects. Subjects discussed include cotton fabric processing, asbestos substitutes, textile adjuncts to cardiovascular surgery, wet textile processes, hand evaluation, nanotechnology, thermoplastic composites, robotic ironing, protective clothing (agricultural and industrial), ecological aspects of fibre properties – to name but a few! There would appear to be no limit to the future potential for textile applications.

Details

International Journal of Clothing Science and Technology, vol. 16 no. 6
Type: Research Article
ISSN: 0955-6222

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Book part
Publication date: 23 November 2020

Stuart Waiton

The UK government’s attempt to “prevent” terrorism and extremism in the university sector is rightly seen as an intolerant threat to academic freedom. However, this development…

Abstract

The UK government’s attempt to “prevent” terrorism and extremism in the university sector is rightly seen as an intolerant threat to academic freedom. However, this development has not come from a “right wing” authoritarian impulse, but rather, replicates many of the discussions already taking place in universities about the need to protect “vulnerable” students from offensive and dangerous ideas. Historically, the threat to academic freedom came from outside the university, from pressures exerted from governments, from religious institutions who oversaw a particular institution or from the demands of business. Alternatively it has been seen as something that is a particular problem in non-Western countries that do not have democracy. While some of these problems and pressures remain, there is a more dangerous threat to academic freedom that comes from within universities, a triumvirate of a relativistic academic culture, a new body of identity-based student activists and a therapeutically oriented university management, all three of which have helped to construct universities as safe spaces for the newly conceptualized “vulnerable student.” With reference to the idea of vulnerability, this chapter attempts to chart and explain these modern developments.

Details

Teaching and Learning Practices for Academic Freedom
Type: Book
ISBN: 978-1-80043-480-6

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Article
Publication date: 27 March 2023

Plato L. Smith II

The purpose of this project was to develop research support services that address local and external research data management (RDM) support drivers within the existing…

Abstract

Purpose

The purpose of this project was to develop research support services that address local and external research data management (RDM) support drivers within the existing organizational culture at the University of Florida. The goal was to prompt organization change to support a campus-wide electronic lab notebook.

Design/methodology/approach

This project used a mixed-methods research approach to cultivate an organizational change program that support technological infrastructure to benefit researchers. The mixed-methods research involved participation action research integrated with a stakeholder approach.

Findings

The development of the grant proposal which was unfunded led to development of continued project goals. This project confirmed the development for support for an institution-wide electronic research notebook (ERN) solution requires adherence to the summary of five key actions for developing RDM services. Failure to complete all of the key actions engenders fragmentation culture.

Research limitations/implications

This project includes implications for institutions to develop grant proposals with integrated budgets for research support services of funded projects; and to use the summary of key actions for developing RDM services articulated by Jones et al. (2013) in “How to Develop RDM Services – a guide for HEIs.” Both are need to support findable, accessible, interoperable and reusable data for researchers.

Practical implications

This project has practical implications for higher education institutions interested in leveraging socio-technical processes to advance the role of libraries as collaborator, partner and stakeholder in developing institution-wide adoption, support and training for ERN as a research support service to RDM.

Social implications

This paper contributes to the body of developing literature on ERN as support services to RDM lead by academic research libraries.

Originality/value

This project contributed to the change in organization culture resulting in the successful collaboration between the Research Office and College of Medicine to support an institution-wide ERN technological infrastructure for one year as a pilot at a large academic research institution in the southeast USA.

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