1,720,978 research outputs found
The Man, the State and You: The Role of the State in Regulating Gender Hierarchies
Full text linkThis paper begins with the thesis that an andocentric-assimilation model of women’s liberation both has affected workplace outcomes for women and has desensitized us to those outcomes. The paper then applies that thesis to understandings of “equality” within a hierarchical framework, arguing that the equality-liberty dichotomy is false in the context of gender discrimination in the workplace. Instead the paper argues that disparate treatment is a liberty concern. In seeking to have our professional fates married to the fates of our male colleagues – which is what workplace equality doctrines aim to do – women are seeking to be only as free as our male colleagues are to find work and to find meaning in our work, to procreate or not, to coast along or to stand out, and, if we choose, to stand alone. Further, this paper offers the perspective that as feminist advocates we should resist the inclination to make our peace with the ordering of the gendered paradigms as they stand and to negotiate compromises from these vantage points. Within this theoretical framework, this paper explores the implications of the “regulation” versus “governance” debate in the context of gender discrimination. The article suggests that renaming and reframing aside, the approach embodied by the governance paradigm as it is applied to gender discriminatory contexts is neither new nor a deal for those already occupying a subordinate bargaining position, but it is instead a framework by which to privilege existing power structures and efficiency-based values over other values and interests. Moreover, this paper defends the civil rights model of rules-base state-enforced mandatory anti-discrimination measures, such as Title VII, as an admittedly non-panacean yet nonetheless indispensable means by which private gender hierarchies are inhibited. Finally, this paper contends that in looking to the law to inhibit this particular privately-enforced tyranny, women are correctly interpreting the obligation of the state within our constitutional scheme to disrupt private tyrannies when those tyrannies reach the point of functioning as class-based power monopolies, limiting the fundamental freedoms of those outside the monopolist class
Misogyny, Androgyny and Sexual Harassment: Sex Discrimination in a Gender-Deconstructed World
Full text linkUnderstanding sexual harassment as a form of discrimination “because of sex” has grown increasingly difficult as our understandings of both gender and sex have grown richer and more complex. This piece offers a new descriptive model for understanding gender bias in the context of sexual harassment law. The piece argues that two separate sets of ideas about gender have intersected to produce a new picture of gender “equality”: one that is separated from a binary model of men and women, but that nonetheless continues to disadvantage women as compared to men. The paper refers to this idea as the androcentric-assimilation model of female liberation and argues that the adoption of this particular model of female liberation has presented an assimilation option to women who wish to “succeed” while obfuscating the fact that our ideas about gender remain hierarchically arranged. The paper suggests that this phenomenon may underlie some of the mystery surrounding gendered workplace outcomes, and specifically that this descriptive framing provides a foundation for understanding sexual harassment -- an ostensibly gender-neutral behavior when one considers that women can harass men as well as one another -- as a tool of discrimination that continues to disproportionately disadvantage women. The piece concludes, therefore, that sexual harassment law is properly conceptualized within an antidiscrimination framework
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Fiduciary Injury and Citizen Enforcement of the Emoluments Clause
Full text linkThe text of the Emoluments Clause provides no explicit enforcement mechanism, raising questions about who may enforce the Clause, and the mechanism by which it might be enforced. Is the Clause enforceable exclusively by collective action—such as an impeachment proceeding by Congress—or is it also enforceable by individual action—such as a private lawsuit? If the Emoluments Clause can be enforced by private action, who has standing to sue? In the absence of explicit textual guidance, a broader constitutional theory is required to render enforcement of the Clause coherent.
This Article presents that broader theory. The Article argues that the Emoluments Clause imposes a fiduciary duty on officers of the United States. When that duty is breached, all Americans suffer an undifferentiated injury, which may serve as the basis for a private cause of action to enforce the Clause. Drawing on both the historical and textual context of the Clause, this Article concludes that enforcement of the Emoluments Clause is a tool that the Constitution reserves for “the People” as a means of policing the political branches.
The Article then positions this fiduciary injury into the broader question of standing in constitutional cases. The Supreme Court’s paramount concern in the context of standing in constitutional cases is to avoid separation-of-powers conflicts. That goal is best served by a focus on primary versus collateral injuries, rather than the Court’s current (and unevenly applied) “concrete and particularized” standard. In constitutional cases, a focus on primary injuries is consistent with much of the Court’s existing standing doctrine and offers a more coherent, parsimonious, and elegant approach to standing. More importantly, a focus on primary injuries allows the Court to safeguard separation-of-powers principles while avoiding the absurd results that necessarily follow from the Court’s current posture
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
Waste, Property, and Useless Things
Full text linkHow should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world?
Approximately sixty million tons of electronic waste, or e-waste -for example, discarded iPhones, refrigerators, desktop computers -is produced each year. This annual pile of electronic rubbish represents sixty-two billion dollars\u27 worth of tangible raw materials (such as gold and other scarce metals) that has been rendered useless. In addition to wasting raw materials, e-waste clogs our landfills, poisons the groundwater, and taxes our capacity to store it. Worst of all, much of this waste is intentionally created by electronics manufacturers through the profit-maximizing strategy of planned obsolescence. Planned obsolescence is a strategy by which manufacturers intentionally limit the utility of their products so that consumers are forced to discard them and buy new products.
Planned obsolescence creates intentionally useless objects and imposes significant social costs. While some of the costs of planned obsolescence are felt within the manufacturer-purchaser transaction ( a purchaser must consider whether a product will last long enough to justify its price), the most significant social costs of the strategy remain external to that transaction.
This Article offers three principal contributions. First, a normative thesis: More of the social costs of intentionally useless objects should be borne by the manufacturers that profit from the strategy. Second, a theoretical insight: Avoiding waste is a central commitment of property law. In fact, many of the rules of property law are rendered more coherent when they are understood as a series of instantiations of an antiwaste imperative. Often confused with an efficiency principle, property law\u27s antiwaste commitment best explains doctrinal choices that otherwise would seem inconsistent. Finally, a doctrinal analysis: The antiwaste imperative (when applied to the existing rules of property) disallows the conveyance of a fee simple in an intentionally useless object. Recognizing an antiwaste imperative in this context would mean that manufacturers can only convey a defeasible interest in the object, retaining a reversionary interest that serves to correct some of the negative externalities associated with the strategy of planned obsolescence
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