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cory plough

Fair use and transformativeness: It may shake your world - NeverEndingSearch - Blog on ... - 0 views

  • I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context. 
  • Here's what I think I learned on Friday about fair use:
  • According to Jaszi, Copyright law is friendlier to good teaching than many teachers now realize. Fair use is like a muscle that needs to be exercised.  People can't exercise it in a climate of fear and uncertainty.
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  • Permission is not necessary to satisfy fair use.
  • Fair use is a doctrine within copyright law that allows use of copyrighted material for educational purposes without permission from the the owners or creators. It is designed to balance rights of users with the rights of owners by encouraging widespread and flexible use of cultural products for the purposes of education and the advancement of knowledge.
  • My new understanding: I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.  Examples of transformativeness might include: using campaign video in a lesson exploring media strategies or rhetoric, using music videos to explore such themes as urban violence, using commercial advertisements to explore messages relating to body image or the various different ways beer makers sell beer, remixing a popular song to create a new artistic expression.
  • Long ago, I learned that educational use of media had to pass four tests to be appropriate and fair according to U.S. Code Title 17 107: the purpose and character of the use, including whether the use is commercial or nonprofit the nature of the use the amount of the use the effect of the use on the potential market for the copyrighted work.
  • --A Conversation about Media Literacy, Copyright and Fair Use--stirred up more cognitive disonance than I've experienced in years
  • the discussion was one of several to be held around the country designed to clear up widespread confusion and to: develop a shared understanding of how copyright and fair use applies to the creative media work that our students create and our own use of copyrighted materials as educators, practitioners, advocates and curriculum developers.
  • national code of practice
  • Jaszi points to Bill Graham Archives vs.Dorling Kindersley (2006) as a clear example of how courts liberally interpret fair use even with a commercial publisher.
  • The publisher added value in its use of the posters. And such use was transformative.
  • Here's what I think I learned on Friday about fair use: The Multimedia Fair Use Guidelines describe minimum rules for fair use, but were never intended as specific rules or designed to exhaust the universe of educational practice.  They were meant as a dynamic, rather than static doctrine, supposed to expand with time, technology, changes in practice.  Arbitrary rules regarding proportion or time periods of use (for instance, 30-second or 45-day rules) have no legal status.  The fact that permission has been sought but not granted is irrelevant.  Permission is not necessary to satisfy fair use. Fair use is fair use without regard to program or platform. What is fair, because it is transformative, is fair regardless of place of use. If a student has repurposed and added value to copyrighted material, she should be able to use it beyond the classroom (on YouTube, for instance) as well as within it.  Not every student use of media is fair, but many uses are. One use not likely to be fair, is the use of a music soundtrack merely as an aesthetic addition to a student video project. Students need to somehow recreate to add value.  Is the music used simply a nice aesthetic addition or does the new use give the piece different meaning? Are students adding value, engaging the music, reflecting, somehow commenting on.the music? Not everything that is rationalized as educationally beneficial is necessarily fair use.  For instance, photocopying a text book because it is not affordable is still not fair use.
  • Copyright law is friendlier to good teaching than many teachers now realize. Fair use is like a muscle that needs to be exercised.  People can't exercise it in a climate of fear and uncertainty
Caroline Bucky-Beaver

Code of Best Practices in Fair Use for Media Literacy Education - 1 views

  • Fair use is the right to use copyrighted material without permission or payment under some circumstances -- especially when the cultural or social benefits of the use are predominant. It is a general right that applies even in situations where the law provides no specific authorization for the use in question -- as it does for certain narrowly defined classroom activities.
  • guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials
  • code of best practices does not tell you the limits of fair use rights. Instead, it describes how those rights should apply in certain recurrent situations.
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  • Media literacy education distinctively features the analytical attitude that teachers and learners, working together, adopt toward the media objects they study. The foundation of effective media analysis is the recognition that: All media messages are constructed.Each medium has different characteristics and strengths and a unique language of construction.Media messages are produced for particular purposes.All media messages contain embedded values and points of view.People use their individual skills, beliefs and experiences to construct their own meanings from media messages.Media and media messages can influence beliefs, attitudes, values, behaviors, and the democratic process. Making media and sharing it with listeners, readers, and viewers is essential to the development of critical thinking and communication skills. Feedback deepens reflection on one’s own editorial and creative choices and helps students grasp the power of communication.
  • Lack of clarity reduces learning and limits the ability to use digital tools. Some educators close their classroom doors and hide what they fear is infringement; others hyper-comply with imagined rules that are far stricter than the law requires, limiting the effectiveness of their teaching and their students’ learning.
  • Educators and learners in media literacy often make uses of copyrighted materials that stand far outside the marketplace, for instance, in the classroom, at a conference, or within a school-wide or district-wide festival. Such uses, especially when they occur within a restricted-access network, do enjoy certain copyright advantages.
  • Law provides copyright protection to creative works in order to foster the creation of culture. Its best known feature is protection of owners’ rights. But copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating new culture.
  • In reviewing the history of fair use litigation, we find that judges return again and again to two key questions: Did the unlicensed use "transform" the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use? If the answers to these two questions are "yes," a court is likely to find a use fair. Because that is true, such a use is unlikely to be challenged in the first place.
  • Both key questions touch on, among other things, the question of whether the use will cause excessive economic harm to the copyright owner. Courts have told us that copyright owners aren’t entitled to an absolute monopoly over transformative uses of their works.
  • Another consideration underlies and influences the way in which these questions are analyzed: whether the user acted reasonably and in good faith, in light of general practice in his or her particular field.
  • Code of Best Practices in Fair Use for Media Literacy Education
  • Through its five principles, this code of best practices identifies five sets of current practices in the use of copyrighted materials in media literacy education to which the doctrine of fair use clearly applies. These practices are associated with K–12 education, higher education, and in classes given by nonprofit organizations. When students or educators use copyrighted materials in their own creative work outside of an educational context, they can rely on fair use guidelines created by other creator groups, including documentary filmmakers and online video producers.
  • These principles apply to all forms of media.
  • The principles apply in institutional settings and to non-school-based programs. 
  • The principles concern the unlicensed fair use of copyrighted materials for education, not the way those materials were acquired. 
  • where a use is fair, it is irrelevant whether the source of the content in question was a recorded over-the-air broadcast, a teacher’s personal copy of a newspaper or a DVD, or a rented or borrowed piece of media. Labels on commercial media products proclaiming that they are “licensed for home [or private or educational or noncommercial] use only” do not affect in any way the educator’s ability to make fair use of the contents—in fact, such legends have no legal effect whatsoever. (If a teacher is using materials subject to a license agreement negotiated by the school or school system, however, she may bebound by the terms of that license.)
  • TWO:  Employing Copyrighted Materials in Preparing Curriculum Materials
  • fairness of a use depends, in part, on whether the user tookmore than was needed to accomplish his or her legitimate purpose.
  • PRINCIPLES
  • ONE:  Employing Copyrighted Material in Media Literacy Lessons
  • The principles are all subject to a “rule of proportionality.” 
  • THREE:  Sharing Media Literacy Curriculum Materials
  • In materials they wish to share, curriculum developers should beespecially careful to choose illustrations from copyrighted media that are necessaryto meet the educational objectives of the lesson, using only what furthers theeducational goal or purpose for which it is being made.
  • FOUR:  Student Use of Copyrighted Materials in Their Own Academic and Creative Work
  • Students should be able to understand and demonstrate, in a mannerappropriate to their developmental level, how their use of a copyrighted workrepurposes or transforms the original. For example, students may use copyrightedmusic for a variety of purposes, but cannot rely on fair use when their goal is simplyto establish a mood or convey an emotional tone, or when they employ popular songssimply to exploit their appeal and popularity.
  • FIVE:  Developing Audiences for Student Work
  • If student work that incorporates, modifies, and re-presents existingmedia content meets the transformativeness standard, it can be distributed to wideaudiences under the doctrine of fair use.
  • Educators and learners in media literacy often make uses of copyrighted works outside the marketplace, for instance in the classroom, a conference, or within a school-wide or district-wide festival. When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine.
  • Especially in situations where students wish to share their work more broadly (by distributing it to the public, for example, or including it as part of a personal portfolio), educators should take the opportunity to model the real-world permissions process, with explicit emphasis not only on how that process works, but also on how it affects media making.
  • The ethical obligation to provide proper attribution also should be examined.
  • This code of best practices, by contrast, is shaped by educators for educators and the learners they serve, with the help of legal advisors. As an important first step in reclaiming their fair use rights, educators should employ this document to inform their own practices in the classroom and beyond
  • MYTH:  Fair Use Is Just for Critiques, Commentaries, or Parodies. Truth:  Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both. Fair use applies to a wide variety of purposes, not just critical ones. Using an appropriate excerpt from copyrighted material to illustrate a key idea in the course of teaching is likely to be a fair use, for example. Indeed, the Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects.
  • So if work is going to be shared widely, it is good to be able to rely on transformativeness. As the cases show, a transformative new work can be highly commercial in intent and effect and qualify under the fair use doctrine.
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    Great article outlining copyright, fair use and explaning the 5 principles of fair use in education.
Tony Richards

The Atlantic Online | January/February 2010 | What Makes a Great Teacher? | Amanda Ripley - 14 views

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    "What Makes a Great Teacher? Image credit: Veronika Lukasova Also in our Special Report: National: "How America Can Rise Again" Is the nation in terminal decline? Not necessarily. But securing the future will require fixing a system that has become a joke. Video: "One Nation, On Edge" James Fallows talks to Atlantic editor James Bennet about a uniquely American tradition-cycles of despair followed by triumphant rebirths. Interactive Graphic: "The State of the Union Is ..." ... thrifty, overextended, admired, twitchy, filthy, and clean: the nation in numbers. By Rachael Brown Chart: "The Happiness Index" Times were tough in 2009. But according to a cool Facebook app, people were happier. By Justin Miller On August 25, 2008, two little boys walked into public elementary schools in Southeast Washington, D.C. Both boys were African American fifth-graders. The previous spring, both had tested below grade level in math. One walked into Kimball Elementary School and climbed the stairs to Mr. William Taylor's math classroom, a tidy, powder-blue space in which neither the clocks nor most of the electrical outlets worked. The other walked into a very similar classroom a mile away at Plummer Elementary School. In both schools, more than 80 percent of the children received free or reduced-price lunches. At night, all the children went home to the same urban ecosystem, a zip code in which almost a quarter of the families lived below the poverty line and a police district in which somebody was murdered every week or so. Video: Four teachers in Four different classrooms demonstrate methods that work (Courtesy of Teach for America's video archive, available in February at teachingasleadership.org) At the end of the school year, both little boys took the same standardized test given at all D.C. public schools-not a perfect test of their learning, to be sure, but a relatively objective one (and, it's worth noting, not a very hard one). After a year in Mr. Taylo
Dennis OConnor

Code of Best Practices in Fair Use for Media Literacy Education - 4 views

  • Code of Best Practices in Fair Use for Media Literacy Education
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    The Center for Social Media is a project of the School of Communication at the American University in Washington, D.C. The Center in conjunction with the Media Education Lab at Temple University in Philadelphia and The Program on Information Justice and Intellectual Property, a project of the Washington College of Law at the American University in Washington D.C. has developed a Code of Best Practices in Fair Use for Media Literacy Education. The National Council of Teachers of English is signatory to the document, along with various other legal and educational groups. The code was funded by The John D. and Catherine T. MacArthur Foundation and The Ford Foundation through the Future of Public Media Project. (Annotation by Larry Michaud - UW-Stout E-Learning Practicum)
Martin Burrett

Book: Wellbeing in the Primary Classroom by @AdrianBethune via @BloomsburyEd - 0 views

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    "In his new book, Adrian Bethune explores different angles of the life of children who are of primary-school age. For example, in a fascinating first chapter, Bethune examines our tribal roots, tapping into our pupils' primitive social instincts and their powerful effects on wellbeing and ability to learn. Citing the work of Louis Cozolino (Click here to view The Social Neuroscience of Education: Optimizing Attachment and Learning in the Classroom by Louis Cozolino on Amazon UK - worthy of a read itself) a tribal classroom embodies tribal qualities including a tribal leader, cooperation, teamwork, equality, fairness, trust and strong personal relationships. Such qualities enable everyone to feel valued and a feeling of a big family, helping secure positive relationships - the role of the teacher in this relationship is to help pupils feel like they belong, which is fundamental to learning. Developing this tribal theme, Bethune the proceeds to share ideas to be implemented in the primary classroom to help cultivate such positive relationships, including the design of a team flag, greetings and endings, teaching social skills, and building humour and games into the setting."
David Wetzel

Google Global Science Fair 2011 - 8 views

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    "At Google, the only thing we love as much as science is science education. We want to celebrate young scientific talent and engage students who might not yet be engaged with science. So, in partnership with CERN, the LEGO Group, National Geographic, and Scientific American we've created an exciting new global science competition, the Google Science Fair. Students all over the world who are between the ages of 13 and 18 are eligible to enter this competition and compete for prizes including once-in-a-lifetime experiences, internships and scholarships. "
Willy Kjellstrom

Copyright, Fair Use, and Teaching and Learning Innovation in a Web 2.0 World | EDUCAUSE - 0 views

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    This ECAR research bulletin reviews some of the basic tenets of copyright in the digital millennium. Specifically, it discusses the ways in which copyright law, fair use provisions, and the TEACH Act interact with today's teaching and learning, especially the use of Web 2.0 tools by both faculty members and students.
Vicki Davis

Home/IWitness:Video testimonies from Holocaust survivors and witnesses - 0 views

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    Students across the country have already started working on their IWitness Challenge project sponsored by the USC Shoah Foundation - The Institute for Visual History and Education, but there's still time for youngsters in your community to enter this free online program geared to all secondary-school students. The deadline to enter the Challenge is Dec. 2, 2013. The winning student, along with their teacher and a family member will be brought to Los Angeles to showcase their work as part of the 20th anniversary activities for the Shoah Foundation, which was founded by director Steven Spielberg in 1994 after making "Schindler's List." Tthe IWitness Challenge (iwitness.usc.edu) connects students with the past in a very personal way that spurs them to take action to improve the future. With access to many of the Shoah Foundation's 52,000 testimonies of survivors, liberators and rescuers, students experience history in a way that hits home. Instead of reading facts from textbooks, students feel the emotions and build relationships with those who lived through seemingly impossible situations. But students do more than watch the testimony. The IWitness Challenge compels them to think, to make smart choices and to create their own project and video from what they've learned. By encouraging teachers and students to create their own lesson plans, IWitness allows them to expand on practically any subject they wish to pursue. From civics, government and history to poetry, art and ethics, educators can tailor lessons appropriate for their classrooms. And by using the embedded editor, participants not only learn valuable searching and editing skills, but also how to make ethical editing decisions that ensure their finished assignments are a fair and accurate reflection of what they've seen. All work is kept safe inside the IWitness site and not accessible to the public. Using IWitness is free, but teachers or homeschool parents must register at iwitness.usc.edu.
Sandy Kendell

Power to Learn - Internet Smarts - Interactive Case Studies - 14 views

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    Interactive case studies on wireless, social networking, digital footprint, cyberbullying, misinformation, fair use, privacy, music downloading. Includes classroom and home versions as well as teacher guides. All but one topic (Wireless) is available in Spanish as well.
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    Interactive case studies on wireless, social networking, digital footprint, cyberbullying, misinformation, fair use, privacy, music downloading. Includes classroom and home versions as well as teacher guides. All but one topic (Wireless) is available in Spanish as well.
Vicki Davis

21st Century Learning. 21st Century Leadership. - Integrating Technology: My ... - 7 views

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    I'm interviewing Gallit Zvi from British Columbia, Canada today on Every Classroom matters (should post in about a week) about genius hour and I was intrigued by this post on her blog about how her school "looks." While some of these points have inspired questions (they can cook for their family in lieu of copying spelling sentences, for example) others have me wishing we could do the same thing (entrepreneur fair where students have a sales idea, craft a business plan and make and sell products.) It is worth a peek inside this fascinating classroom and school which uses genius hour among other things.
Dave Truss

26 Learning Games for Change | Serious Games for Social Change - 29 views

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    Fair warning, you could easily eat up a big chunk of your day following the links in this post. Buy hey, you'll be helping out the world a bit in the process.
Brendan Murphy

Don't Blame Teachers for Our Education Failures - Newsweek - 27 views

  • why not copy and fund some of their parental-support programs for existing public schools?
    • Brendan Murphy
       
      Was is somthing so obvious not in every article on education reform?
  • Charter schools often receive the same amount of public funding per student as public schools, and also benefit from their ability to raise and use charitable donations.
    • Brendan Murphy
       
      This I didn't know.
  • Surely, classroom teachers would have more opportunity to teach and teach well if they had enough books and study materials for all their kids
    • Brendan Murphy
       
      More of the obvious.
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  • Charter schools are not required to accept special-needs children or children with learning disabilities
  • So isn’t there a way for school systems to strengthen their professional development programs or put forth proposals for more effective teacher observation, mentoring systems or remedial teacher training, if necessary?
    • Brendan Murphy
       
      There are plenty of ways to do this, but nobody can seem to agree on the right way, besides it would cost money.
  • what the HCZ does is first recognize that the amelioration of poverty does not begin and end with an excellent education, but also requires a full belly, parental education, safety, advocacy, and the expectation that every student will succeed
    • Brendan Murphy
       
      Do we ask our schools to do too much?
  • I just can’t believe that holding only teachers accountable—and not the school systems they work for—is the fair or even the best way to improve public education.
    • Brendan Murphy
       
      It's not fair, but it is easy.
Ben W

Animations for Earthquake Terms and Concepts - 0 views

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    USGS (means fair-use!) animations of faults & earthquake terminology. Quick, visual, and helpful
Ed Webb

Many Complaints of Faculty Bias Stem From Students' Poor Communicating, Study Finds - F... - 4 views

  • some perceptions of classroom bias would decline, and students would benefit more from exposure to opposing viewpoints, if colleges did more to teach argumentation and debate skills. Teaching undergraduates such skills "can help them deal with ideological questions in the classroom and elsewhere in a civil way, and in a way that can discriminate between when professors are expressing a bias and when they are expressing a perspective that they may, or may not, actually be advocating,"
  • The study's findings, however, were criticized as ideologically biased themselves by Peter W. Wood, president of the National Association of Scholars, a group that has frequently accused colleges of liberal or leftist indoctrination. The article summarizing the study, Mr. Wood said on Friday, "seems to me to have a flavor of 'blaming the victim,'" and appears "intended to marginalize the complaints of students who have encountered bias in the classroom."
  • Students need to learn how to argue as a workplace skill. If they understood this as a key workplace strategy that will affect their ability to advance they may be more willing to pay attention. They are there-- regardless of what we may believe-- to get jobs at the end. Discussion and dealing with disputes or differences is key to professional advancement
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  • It's one thing to be closed to students' arguments or to insist on conformity with a prof's views.  It is another altogether when students do not know how to argue their own points, especially points that are not political.  At some point, isn't it the case that the prof does know even a little bit more about their subjects than their students?
  • Several studies (post 1998) seem to indicate that the capacity to understand and engage in logical argumentation has diminished (at least in the 'Western' world). These studies seem to have encouraged the state education boards (committees) of several states to entertain making a "critical thinking" or "Introductory logic" course part of the required core.
  • I have found Susan Wolcott's teaching materials, which are informed by research by K.S. Kitchener and P. M. King, to be the most helpful in addressing student accusations of bias.  I had long been puzzled by why my colleagues in philosophy are so often accused of bias when, in my own observation of their teaching, they take care to keep their own views of a philosophical topic hidden from students.  Indeed, they spend a great deal of time playing devil's advocate and championing the philosophical position that is getting the least airtime in class discussion, readily switching sides if another perspective begins to be neglected.  Wolcott's developmental analysis, which explains how students arrive at college as "confused fact finders" and often get stuck in learning critical thinking skills at the "biased jumper" stage, helps me to understand how students attribute bias to professors when the students lack skills to maneuver around arguments.  The most helpful part of Wolcott's analysis is her suggestion that, if one gives students an assignment that is more than one level above their current abilities in critical thinking, they will completely ignore the assignment task.  This failing is particularly visible when students are asked to compare strengths/weaknesses in two arguments but instead write essays in which they juxtrapose two arguments and ignore the task of forging comparisons.  In Wolcott's workbooks (available by request on her website), she describes assignments that are specifically designed to help students build a scaffolding for critical thinking so that, over four years, they can actually leave the "biased jumper" stage and move on to more advanced levels of critical thinking.  One need not be a slavish adherent to the developmental theory behind Wolcott's work to find her practical suggestions extremely helpful in the classroom.   Her chart on stages of critical thinking is the first link below; her website is the second link.   http://www.wolcottlynch.com/Do... http://www.wolcottlynch.com/Ed...
  • The classroom and campus are not divorced from the polarized language in the greater society wherein people are entrenched in their own views and arguments become heated, hateful, and accusatory.  The focus of this study on political bias is not helpful under the circumstances.  The greater argument is that students need to be taught how to argue effectively, with facts, logic and reasoning not just in the classroom but beyond.
  • What happened to the 'Sage on the Stage' as the 'provacatuer-in-chief'?  Some of my best classroom experiences came from faculty that prompted critical thinking and discussion by speaking from all sides of an issue.  They were sufficiently informed to deflate weak arguments from students with probing questions.  They also defended an issue from every side with factual information.  In the best instances, I truly did not know the personal position of a faculty member.  It was more important to them to fully and fairly cover an issue than it was to espouse a personal preference.  That spoke volumes to me about the love of learning, critical examination of strongly held personal beliefs, and assertive but fair-minded discourse.  Do those faculty still exist?
  • The study suggests that those faculty do exist and in fact are numerous, but that students' ever-diminishing skills in critical thinking and argumentation lead them to misunderstand the questioning, challenging Socratic dialogue and "devil's advocate" work of the professor as simple bias. 
  • When I was teaching controversial subjects the advice from the Administration was, "Teach the debate."  Its pretty hard to "teach the debate" without actually having some of those debates.  When students "checked out" during those debates I always wondered if they were the ones who were going to report on their teaching evaluations that, "the professor was biased."  Of course when the student intellectually "checks out," i.e., remains quiet, only says what they think I want to hear, etc., they are not doing A work in the class.  This reinforces their view that "the professor is biased."
Adrienne Michetti

Why Women Still Can't Have It All - www.theatlantic.com - Readability - 7 views

  • Just about all of the women in that room planned to combine careers and family in some way. But almost all assumed and accepted that they would have to make compromises that the men in their lives were far less likely to have to make.
    • Adrienne Michetti
       
      and this is what bothers me. SO MUCH.
  • when many members of the younger generation have stopped listening, on the grounds that glibly repeating “you can have it all” is simply airbrushing reality, it is time to talk.
  • I still strongly believe that women can “have it all” (and that men can too). I believe that we can “have it all at the same time.” But not today, not with the way America’s economy and society are currently structured. My experiences over the past three years have forced me to confront a number of uncomfortable facts that need to be widely acknowledged—and quickly changed.
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  • I had the ability to set my own schedule most of the time. I could be with my kids when I needed to be, and still get the work done.
  • the minute I found myself in a job that is typical for the vast majority of working women (and men), working long hours on someone else’s schedule, I could no longer be both the parent and the professional I wanted to be
  • having it all, at least for me, depended almost entirely on what type of job I had.
  • having it all was not possible in many types of jobs, including high government office—at least not for very long.
  • “Having control over your schedule is the only way that women who want to have a career and a family can make it work.”
  • Yet the decision to step down from a position of power—to value family over professional advancement, even for a time—is directly at odds with the prevailing social pressures on career professionals in the United States.
  • “leaving to spend time with your family” is a euphemism for being fired.
  • Think about what this “standard Washington excuse” implies: it is so unthinkable that an official would actually step down to spend time with his or her family that this must be a cover for something else.
  • it cannot change unless top women speak out.
  • Both were very clear that they did not want that life, but could not figure out how to combine professional success and satisfaction with a real commitment to family.
  • many of us are also reinforcing a falsehood: that “having it all” is, more than anything, a function of personal determination.
  • there has been very little honest discussion among women of our age about the real barriers and flaws that still exist in the system despite the opportunities we inherited.
  • But we have choices about the type and tempo of the work we do. We are the women who could be leading, and who should be equally represented in the leadership ranks.
  • women are less happy today than their predecessors were in 1972, both in absolute terms and relative to men.
  • The best hope for improving the lot of all women, and for closing what Wolfers and Stevenson call a “new gender gap”—measured by well-being rather than wages—is to close the leadership gap:
  • Only when women wield power in sufficient numbers will we create a society that genuinely works for all women. That will be a society that works for everyone.
  • We must clear them out of the way to make room for a more honest and productive discussion about real solutions to the problems faced by professional women.
  • These women cannot possibly be the standard against which even very talented professional women should measure themselves. Such a standard sets up most women for a sense of failure
  • A simple measure is how many women in top positions have children compared with their male colleagues.
  • Every male Supreme Court justice has a family. Two of the three female justices are single with no children.
  • women hold fewer than 30 percent of the senior foreign-policy positions in each of these institutions.
  • “You know what would help the vast majority of women with work/family balance? MAKE SCHOOL SCHEDULES MATCH WORK SCHEDULES.” The present system, she noted, is based on a society that no longer exists—one in which farming was a major occupation and stay-at-home moms were the norm. Yet the system hasn’t changed.
  • “Inflexible schedules, unrelenting travel, and constant pressure to be in the office are common features of these jobs.”
  • I would hope to see commencement speeches that finger America’s social and business policies, rather than women’s level of ambition, in explaining the dearth of women at the top. But changing these policies requires much more than speeches. It means fighting the mundane battles—every day, every year—in individual workplaces, in legislatures, and in the media.
  • assumes that most women will feel as comfortable as men do about being away from their children, as long as their partner is home with them. In my experience, that is simply not the case.
    • Adrienne Michetti
       
      This is fascinating. Really. 
  • I do not believe fathers love their children any less than mothers do, but men do seem more likely to choose their job at a cost to their family, while women seem more likely to choose their family at a cost to their job.
    • Adrienne Michetti
       
      This. This is SO TRUE. I think this is the same.
  • To many men, however, the choice to spend more time with their children, instead of working long hours on issues that affect many lives, seems selfish.
  • It is not clear to me that this ethical framework makes sense for society. Why should we want leaders who fall short on personal responsibilities?
  • Regardless, it is clear which set of choices society values more today. Workers who put their careers first are typically rewarded; workers who choose their families are overlooked, disbelieved, or accused of unprofessionalism.
    • Adrienne Michetti
       
      This disconnect has ALWAYS bothered me. SO MUCH.
  • having a supportive mate may well be a necessary condition if women are to have it all, but it is not sufficient
  • Ultimately, it is society that must change, coming to value choices to put family ahead of work just as much as those to put work ahead of family. If we really valued those choices, we would value the people who make them; if we valued the people who make them, we would do everything possible to hire and retain them; if we did everything possible to allow them to combine work and family equally over time, then the choices would get a lot easier.
  • Given the way our work culture is oriented today, I recommend establishing yourself in your career first but still trying to have kids before you are 35—or else freeze your eggs, whether you are married or not.
  • But the truth is, neither sequence is optimal, and both involve trade-offs that men do not have to make.
    • Adrienne Michetti
       
      exactly this -- men do not have to make this choice. Thus, it will always be unequal.
  • You should be able to have a family if you want one—however and whenever your life circumstances allow—and still have the career you desire.
  • If more women could strike this balance, more women would reach leadership positions. And if more women were in leadership positions, they could make it easier for more women to stay in the workforce. The rest of this essay details how.
  • I have to admit that my assumption that I would stay late made me much less efficient over the course of the day than I might have been, and certainly less so than some of my colleagues, who managed to get the same amount of work done and go home at a decent hour.
  • Still, armed with e-mail, instant messaging, phones, and videoconferencing technology, we should be able to move to a culture where the office is a base of operations more than the required locus of work.
  • Being able to work from home—in the evening after children are put to bed, or during their sick days or snow days, and at least some of the time on weekends—can be the key, for mothers, to carrying your full load versus letting a team down at crucial moments.
  • Changes in default office rules should not advantage parents over other workers; indeed, done right, they can improve relations among co-workers by raising their awareness of each other’s circumstances and instilling a sense of fairness.
  • The policy was shaped by the belief that giving women “special treatment” can “backfire if the broader norms shaping the behavior of all employees do not change.”
    • Adrienne Michetti
       
      This is so progressive.
  • Our assumptions are just that: things we believe that are not necessarily so. Yet what we assume has an enormous impact on our perceptions and responses. Fortunately, changing our assumptions is up to us.
  • One of the best ways to move social norms in this direction is to choose and celebrate different role models.
  • If we didn’t start to learn how to integrate our personal, social, and professional lives, we were about five years away from morphing into the angry woman on the other side of a mahogany desk who questions her staff’s work ethic after standard 12-hour workdays, before heading home to eat moo shoo pork in her lonely apartment.
    • Adrienne Michetti
       
      UGH.
  • Women have contributed to the fetish of the one-dimensional life, albeit by necessity. The pioneer generation of feminists walled off their personal lives from their professional personas to ensure that they could never be discriminated against for a lack of commitment to their work.
  • It seems odd to me to list degrees, awards, positions, and interests and not include the dimension of my life that is most important to me—and takes an enormous amount of my time.
  • when my entire purpose is to make family references routine and normal in professional life.
  • This does not mean that you should insist that your colleagues spend time cooing over pictures of your baby or listening to the prodigious accomplishments of your kindergartner. It does mean that if you are late coming in one week, because it is your turn to drive the kids to school, that you be honest about what you are doing.
  • Seeking out a more balanced life is not a women’s issue; balance would be better for us all.
  • Indeed, the most frequent reaction I get in putting forth these ideas is that when the choice is whether to hire a man who will work whenever and wherever needed, or a woman who needs more flexibility, choosing the man will add more value to the company.
  • In 2011, a study on flexibility in the workplace by Ellen Galinsky, Kelly Sakai, and Tyler Wigton of the Families and Work Institute showed that increased flexibility correlates positively with job engagement, job satisfaction, employee retention, and employee health.
  • Other scholars have concluded that good family policies attract better talent, which in turn raises productivity, but that the policies themselves have no impact on productivity.
  • What is evident, however, is that many firms that recruit and train well-educated professional women are aware that when a woman leaves because of bad work-family balance, they are losing the money and time they invested in her.
  • The answer—already being deployed in different corners of the industry—is a combination of alternative fee structures, virtual firms, women-owned firms, and the outsourcing of discrete legal jobs to other jurisdictions.
  • Women, and Generation X and Y lawyers more generally, are pushing for these changes on the supply side; clients determined to reduce legal fees and increase flexible service are pulling on the demand side. Slowly, change is happening.
  • In trying to address these issues, some firms are finding out that women’s ways of working may just be better ways of working, for employees and clients alike.
  • “We believe that connecting play and imagination may be the single most important step in unleashing the new culture of learning.”
  • “Genius is nothing more nor less than childhood recovered at will.” Google apparently has taken note.
  • the more often people with different perspectives come together, the more likely creative ideas are to emerge. Giving workers the ability to integrate their non-work lives with their work—whether they spend that time mothering or marathoning—will open the door to a much wider range of influences and ideas.
  • Men have, of course, become much more involved parents over the past couple of decades, and that, too, suggests broad support for big changes in the way we balance work and family.
  • women would do well to frame work-family balance in terms of the broader social and economic issues that affect both women and men.
  • These women are extraordinary role models.
  • Yet I also want a world in which, in Lisa Jackson’s words, “to be a strong woman, you don’t have to give up on the things that define you as a woman.”
  • “Empowering yourself,” Jackson said in her speech at Princeton, “doesn’t have to mean rejecting motherhood, or eliminating the nurturing or feminine aspects of who you are.”
  • But now is the time to revisit the assumption that women must rush to adapt to the “man’s world” that our mothers and mentors warned us about.
  • If women are ever to achieve real equality as leaders, then we have to stop accepting male behavior and male choices as the default and the ideal.
  • We must insist on changing social policies and bending career tracks to accommodate our choices, too. We have the power to do it if we decide to, and we have many men standing beside us.
  • But when we do, we will stop talking about whether women can have it all.
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