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Descriptors:
Academic Freedom; College Faculty; Gender Discrimination; Anthropology; Tenure; Equal Opportunities (Jobs); Females; Court Litigation; Inquiry; Institutional Autonomy; Departments; Educational History; Universities

Abstract:
In 1974, Brown University's Department of Anthropology denied tenure to assistant professor Louise Lamphere. Convinced that her dismissal was the product of sex discrimination, Lamphere filed suit against Brown. Lamphere and three other female scholars who joined her suit successfully pressed Brown into an out-of-court settlement in 1977. Significantly, the settlement required Brown not only to provide redress to the plaintiffs but also to take sweeping action in rectifying its faculty's inequitable gender ratio. While Lamphere's case marked a rare victory for academic women in the male preserve of the Ivy League, this study concerns the bearing of the lawsuit on academic freedom. It argues that academic freedom entails two interlocking principles: freedom of inquiry and departmental autonomy. Lamphere emphasised the former while Brown advocated the latter. Ultimately, the Lamphere case illustrates how academic freedom loses its efficacy when freedom of inquiry and departmental autonomy are decoupled. (Contains 97 footnotes.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Internship Programs; Business Administration Education; Experiential Learning; Federal Legislation; Compliance (Legal); Minimum Wage; Civil Rights Legislation; Court Litigation; Ethics

Abstract:
The concept of serving an apprenticeship as a means of training skilled workers dates to the Middle Ages. Apprenticeships in the Middle Ages and during the Renaissance were typically seven years in duration, in order to ensure that the masters recouped their investment and that the apprentice was given sufficient time to become skilled and not simply exploited as cheap labor. The experience arguably imparted not only artisan skills, but also the tacit skills needed for professional success, such as informed intuition, judgment under pressure, ease with clients, and problem-solving abilities, skills that often improve with experience. Recently, however, the apprenticeship system is reemerging as a promising model for improving job skills, particularly in the "Science, Technology, Engineering, and Mathematics" (STEM) fields. Currently, numerous Web sites match prospective interns to prospective positions. While today apprenticeships are typically paid positions, unpaid internships also provide a vehicle for developing both tacit and job-related skills. This article examines the pedagogical, legal, and ethical issues concerning unpaid internships and their implication for business education for the student, the employer, and the educational institution. The recent enforcement efforts by the Labor Department against employers that illegally fail to pay interns makes this a particularly timely discussion to guide all parties involved in internships. (Contains 179 footnotes.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Business Administration Education; Law Related Education; Social Networks; Web Sites; Privacy; Risk; Legal Problems; Laws; Court Litigation; Assignments; Class Activities; Group Activities; Cooperative Learning; Administrative Policy; Policy Formation; Sexual Harassment; Speech; Foreign Countries

Abstract:
The explosion of social networks and the growing concern over privacy in the digital age--both in the United States and Europe--have provided an opportunity to introduce students to the legal risks of using social media in the workplace. This article builds on the authors' classroom experiences and provides social media scenarios and projects that allow students to analyze and critically compare the workplace boundaries of social network use. Part I includes a description of an out-of-class assignment that assesses what types of social media comments students deem inappropriate in the workplace, completed by students before the professor actually discusses applicable legal principles. Then, Part II provides classroom scenarios that reinforce what students learn about the evolving law of social networks and privacy in the U.S. and the EU workplace. Part III looks at other legal considerations of social media use including sexual harassment and anonymous speech, and offers additional classroom scenarios. Part IV outlines a class project in which students collaborate in groups to develop social media policies for the U.S. workplace and compares and contrasts the impact of similar policies on EU employees. This project gives students an opportunity to synthesize their knowledge of social networks and workplace privacy and to incorporate their understanding of the legal risks posed by social media. For all the scenarios and projects, the authors also provide the reader with a set of resources to facilitate replication of the projects. The resources include a summary of The Facebook Project: Dealing with Employee Gripe Sites, each of the Classroom Discussion Scenarios, detailed instructions for the Social Media Policy project, and a rubric for grading the Social Media Policy project. (Contains 167 footnotes.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Discourse Analysis; Internet; Comparative Analysis; Printed Materials; Catholics; Court Litigation; National Security; Newspapers; Foreign Countries; Editing; Churches; English; Legislation; Censorship; Islam; Language Usage

Abstract:
This article examines the coverage in three Malaysian newspapers on an issue popularly known as the "Allah" issue. In 2009, the Catholic Church took the Malaysian government to court over the right to use the word "Allah". In a landmark court decision, the Church was given the right to use the word "Allah" in the Catholic newsletter "The Herald". However, this decision was appealed by the government, there was a stay order on the decision, and many protests took place over this issue. Editorials of three important English newspapers chosen for their popularity and different stances in writing were chosen to examine the manner in which this controversial issue was handled. The method employed in the analysis was Critical Discourse Analysis as used by van Dijk (2005). The Malaysian print media faces some challenges in the form of the Printing Presses and Publications Act, 1984 (PPPA). The Act requires print media to apply for their licenses annually and are subject to censorship by government authorities who can revoke their licenses if news items are seen as a threat to national security. Two print newspapers, one aligned to the government ("The Star") and another private and independent one ("The Sun") were chosen. The third is a web news portal which is relatively free from the PPPA and is therefore more vocal in its writing. The analysis shows that caution is exercised by the government affiliated paper, a more judicial approach is taken by the independent paper, and the web portal is very antigovernment in its stance. Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Student Costs; Socioeconomic Status; Social Class; College Students; College Admission; Student Diversity; Affirmative Action; Economically Disadvantaged; College Entrance Examinations; Scores; Student Organizations; Court Litigation

Abstract:
At Middlebury College--and on campuses throughout the country--class is coming out of the closet. Long hidden from view, economic status is emerging from the shadows, as once-taboo discussions are taking shape. The growing economic divide in America, and on American campuses, has given rise to new student organizations, and new dialogues, focused on raising awareness of class issues--and proposing solutions. With the U.S. Supreme Court likely to curtail the consideration of race in college admissions this year, the role of economic disadvantage as a basis for preferences could further raise the salience of class. Today's young people have grown up in a world unlike that of their parents. Class inequality has taken on much greater salience than racial inequality. Today's youth didn't grow up seeing fire hoses being trained on peaceful civil-rights demonstrators. Instead they have grown up in a country where racism continues to exist, but where voters elected and then re-elected a black president, and where Latinos are a rising political power. And they have come of age at a time of growing economic inequality, when the advantages of economic privilege are greater than ever before. Wealthy families have always had more resources to invest in their children, but the gap in that spending between wealthy and poor families has tripled since the 1970s. For 50 years, higher education has managed to avoid questions of class. But gaping economic disparity, changing student sentiment, and the U.S. Supreme Court seem likely to bring class back, once again, to the forefront. Having taken some modestly successful steps to include women and racial minorities, will the colleges accept the challenge? Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Freedom of Speech; Democracy; Constitutional Law; Political Attitudes; Court Litigation; Terrorism; Civil Rights; College Faculty; Academic Freedom

Abstract:
For years, libertarians had fought laws and policies barring Communists from teaching as direct assaults on the First Amendment, while supporters of loyalty programs had painted all Communists as mental slaves of Moscow. In 1952 the Supreme Court upheld New York's 1949 Feinberg Law, which required detailed procedures for investigating the loyalty of every public-school teacher and ousting anyone who had engaged in "treasonable or seditious acts or utterances" or joined an organization that advocated the overthrow of the government by "force, violence, or any unlawful means." It was a typical cold-war-era loyalty law; hence, "Adler v. Board of Education," the Supreme Court's 1952 decision upholding it, had nationwide repercussions. In "Adler," a majority of the court found no First Amendment problem with the Feinberg Law. Embracing the anti-Communist fervor of the time, the court said that teachers had no right to their jobs; and because they worked "in a sensitive area" where they shaped young minds, the authorities were entitled to investigate their political beliefs. Even at that unfortunate moment for free speech, however, the court was not unanimous. Fifteen years later, in 1967, "Adler" was overturned by the ruling on "Keyishian v. Board of Regents," which rejected the idea that restrictions on expression, ideas, and political associations are permissible under the First Amendment as conditions of public employment. Battles over free speech on the campus continue to bedevil the national politics. Today's war on terrorism has replaced anti-Communism as a justification for limiting civil liberties, both on the campus and off. Professors' free-speech rights are no greater than everybody else's. But their special task in furthering democracy requires protections. Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Principals; Educational Legislation; Administrator Responsibility; Legal Responsibility; Knowledge Level; Decision Making; Court Litigation; Constitutional Law; Civil Rights; Student Rights; School Law

Abstract:
Educational law is a critical piece of the education conundrum. Principals reference law books on a daily basis in order to address the wide range of complex problems in the school system. A principal's knowledge of law issues and legal decision-making are essential to provide effective feedback for a successful school.

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Descriptors:
School Segregation; Racial Segregation; Boards of Education; Trustees; Housing; Court Litigation; Power Structure; Letters (Correspondence); Mexican Americans; Case Studies; Neighborhoods; Educational History

Abstract:
To introduce their examination of the social production of segregated space and power relations in Oxnard, California from 1934 to 1954, the authors utilize portions of a letter written by Alice Shaffer, April 21, 1938, to the Oxnard School Board of Trustees. Shaffer outlines the seemingly shared concerns of her neighbors about a disruption of the separate social and academic worlds established for Whites and Mexicans. As she urges the board to endorse residential and school segregation, she demonstrates the inextricable link between these two pervasive and persistent forms of racial discrimination. The authors analyze this interconnection between housing and education in Oxnard from 1934, when the trustees' minutes first mention school segregation, through 1954, after the second U.S. Supreme Court ruling challenging racially restrictive housing covenants and the landmark decision declaring segregated schools unconstitutional. Their analysis demonstrates that the trustees designed segregated schools to correspond with the very same racially identifiable residential spaces they themselves helped create. With this historical case study, the authors seek to document the ways housing and school segregation became interconnected "by design." (Contains 118 footnotes.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Group Dynamics; Interaction; Group Membership; Psychological Patterns; Maintenance; Social Psychology; Gender Differences; Models; Social Theories; Role; Individual Characteristics; Court Litigation; Simulated Environment; Interaction Process Analysis; Classification

Abstract:
A new theory of interaction within small groups posits that group members initiate actions when tension mounts between the affective meanings of their situational identities and impressions produced by recent events. Actors choose partners and behaviors so as to reduce the tensions. A computer model based on this theory, incorporating reciprocal exchanges and actions toward the whole group, was used to generate 1,000 interactions in 500 virtual juries. Behaviors of modeled jurors matched the instrumental and expressive content of behaviors among actual jurors during observed deliberations. The system also reproduced sex differences among jurors, both in behavioral content and in levels of participation. Additionally, the system reproduced the domination of small-group interaction by a few active participants. Plausible changes in outcomes resulted when the system was used to analyze groups other than juries. These results indicate that the theory and model can advance research on small-group processes. (Contains 1 table, 4 figures and 1 footnote.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Student Personnel Services; Grief; Graduate Study; Court Litigation; Politics; Promotion (Occupational); Student Personnel Workers; Counselor Training; Counselor Attitudes

Abstract:
For more than 30 years now, the author has benefited in his professional practice in student affairs from having attended some terrific graduate programs. His lack of knowledge of certain topics wasn't necessarily his programs' fault. Maybe the information was presented, but he wasn't ready to take it in. Or perhaps certain topics weren't considered important back then or were viewed as inappropriate to discuss or too difficult to teach. Giving depositions and court testimony, handling internal politics, moving up the ranks, and loss and grieving are some of the lessons that the author now realizes would have been helpful to have started learning in graduate school. Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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