242 research outputs found

    Customizing the Reasonable-Woman Standard to Fit Emotionally and Financially Disabled Plaintiffs is Outside the Scope of the Civil Rights Act\u27s Prohibition on Sex-Based Discrimination: Holly D. v. California Institute Of Technology

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    Tailoring the reasonable-woman standard to include select disabilities is problematic because employer liability would improperly depend upon the effect that the victim\u27s disability had on the victim\u27s perception, instead of on the agency relationship between the supervisor and the employer. Furthermore, these subjective standards would prevent employers from successfully invoking the reasonable care defense. Using these tailored standards would also result in discriminatory treatment under the law for women who did not qualify for one of these customized standards. Finally, customized standards would sterilize American workplaces. In support of this Comment\u27s assertions against factoring the emotional and financial difficulties of the actual plaintiff into the reasonable woman standard, Part I provides a background of federal sexual harassment law, ending with a review of the Ninth Circuit\u27s recent decision in Holly D. v. California Institute of Technology. Part II (a) discusses how customized standards would enlarge the scope of employer liability, conflicting with the principles of agency law that justify holding employers strictly vicariously liable for supervisor harassment and decreasing employers\u27 abilities to use the reasonable care defense. Part II (b) suggests that customized reasonable-woman standards create unequal treatment for women under the law, a contravention of anti-discrimination laws. Part II (c) proposes that customized standards would strike a death blow to workplace romances because supervisors and employers would fear that innocent relationships might lead to sanctions. Part III concludes that customized reasonable-woman standards cause a number of problems that can be best avoided by leaving these standards buried in a Holly D. v. California Institute of Technology footnote

    The contribution model:a school-level funding model

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    Over a number of years, as the Higher Education Funding Council for England (HEFCE)'s funding models became more transparent, Aston University was able to discover how its funding for teaching and research was calculated. This enabled calculations to be made on the funds earned by each school in the University, and Aston Business School (ABS) in turn to develop models to calculate the funds earned by its programmes and academic groups. These models were a 'load' and a 'contribution' model. The 'load' model records the weighting of activities undertaken by individual members of staff; the 'contribution' model is the means by which funds are allocated to academic units. The 'contribution' model is informed by the 'load' model in determining the volume of activity for which each academic unit is to be funded

    Developing a sense of place toolkit: Identifying destination uniqueness

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    It has long been recognised that the tangible and intangible characteristics that make a location distinctive and memorable, contribute significantly to destination image. How this destination feel is communicated, has largely been the domain of place branding and destination marketing, which have the potential to miss stakeholder voices. Recently though, practitioners are starting to carefully consider ā€˜sense of placeā€™; that is an emotional attachment to place, which is defined more carefully in the literature review of this article, and which corresponds with long-running academic discussions. This paper attempts to identify some of these and bridge the gap between academic theory on sense of place and practice. In the UK, many rural areas are now seeking to operationalise sense of place through toolkit documents that might inform landscape interpretation and destination branding. A scenario echoed internationally, where local distinctiveness features in both rural and urban planning. However, sense of place in a tourism context, and more specifically the development of these toolkits, has received limited academic attention. Hence, this paper presents the case of Morecambe Bay, and the development of a dedicated sense of place toolkit. The subsequent case emerges from a collaboration between academics and practitioners and draws on participant observation, semi-structured interviews and document analysis. Specifically, the paper outlines a series of workshop activities developed with destination stakeholders and identifies how these inform subsequent toolkit design. It offers a critical analysis of the benefits and potential pitfalls of employing this approach. This case is of value to academics and destination stakeholders interested in identifying and communicating the uniqueness and emotional tone of the destination. Key lessons and recommendations are identified for those engaging in similar toolkit development initiatives

    Supporting change processes in design: Complexity, prediction and reliability

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    Change to existing products is fundamental to design processes. New products are often designed through change or modification to existing products. Specific parts or subsystems are changed to similar ones whilst others are directly reused. Design by modification applies particularly to safety critical products where the reuse of existing working parts and subsystems can reduce cost and risk. However change is rarely a matter of just reusing or modifying parts. Changing one part can propagate through the entire design leading to costly rework or jeopardising the integrity of the whole product. This paper characterises product change based on studies in the aerospace and automotive industry and introduces tools to aid designers in understanding the potential effects of change. Two ways of supporting designers are described: probabilistic prediction of the effects of change and visualisation of change propagation through product connectivities. Change propagation has uncertainties which are amplified by the choices designers make in practice as they implement change. Change prediction and visualisation is discussed with reference to complexity in three areas of product development: the structural backcloth of connectivities in the existing product (and its processes), the descriptions of the product used in design and the actions taken to carry out changes

    Management and leadership in UK universities: exploring the possibilities of change

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    This paper considers the case for reform of management struc- tures in UK universities and oļ¬€ers proposals for change. The model of top-down, performance-led management that characterises many institutions is both outmoded and ill-suited to the chal- lenges of an increasingly turbulent higher education sector. Drawing on the experiences of a university that introduced a new scheme of performance management, I explore alternative approaches to leadership and management, collaborative or part- nership working designed to improve employee voice and the need to re-evaluate approaches to Human Resource Management. I conclude with a ļ¬ve-point model for change

    From social rights to the market: neo-liberalism and the knowledge economy

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    Public higher education has a long history, with its growth associated with mass higher education and the extension of a social right to education from secondary schooling to university education. Following the rise in student numbers since the 1970s, the aspiration to higher education has been universalized, although opportunities remain structured by social background. This paper looks at changing policies for higher education in the UK and the emergence of a neoliberal knowledge regime. This subordinates higher education to the market and shifts the burden of paying for degree courses onto students. It seeks to stratify institutions and extend the role of for-profit providers. From a role in the amelioration of social inequality, universities are now asked to participate actively in the widening inequalities associated with a neoliberal global market order
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