The Self-Critical Analysis Privilege and Discovery of Affirmative Action Plans in Title VII Suits

Abstract Scholars of Mao-era history adopt a wide range of approaches to the selection and treatment of source material. Some scholars regard published sources as propaganda, and therefore as biased and unreliable. For many, archival sources are the gold standard; others question the reliability even of the archive and favor materials that escaped the filtering fingers of the state to be found in flea markets or garbage piles. Avoiding the false choice of either accepting sources as received wisdom or dismissing them as biased, the author argues that how scholars read their sources is more important than which they keep and which they throw away. She advocates for a layered approach that accounts for contexts of production and circulation, and further emphasizes the need to make this process of reading sources visible in our writing. A critical, layered reading of three unlikely sources demonstrates the myriad possibilities for analysis that combines the empirical, the discursive, and the self-reflexive.

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Let Them Learn

10.37419/jpl.v7.i2.4 ◽

2021 ◽

Vol 7 (2) ◽

pp. 230-260

Author(s):

Christian Martinez

Keyword(s):

Critical Analysis ◽

Oil And Gas ◽

Common Law ◽

Case Law ◽

The Self ◽

Self Assessment ◽

Proposed Model ◽

Design Build ◽

Free Flow Of Information ◽

Flow Of Information

Organizations often conduct probing self-studies to review internally existing policies, procedures, and business methods. Yet, despite an increasing social need for these studies, the Texas legislature has yet to construct a privilege designed to protect an organization from being harmed from these studies by adverse litigants. The self-critical analysis privilege, or SCAP, is an alluring, common law doctrine that protects the free flow of information sharing through an organization’s self-assessment. This Comment proposes a model statute for the codification of the SCAP for the consideration of the Texas legislature. This model statute is not a general codification of the privilege. Instead, the statute is meant to apply only to Texas’s Design-Build industry. This Comment discusses the significant policy considerations supporting the SCAP and analyzes case law to derive proper drafting language. Although this proposed model statute narrowly applies to Texas’s Design-Build industry, the hope is to have a workable statute that could apply to general products, oil and gas, and other property related industries.

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The Reflexible Person

Journal of Awareness-Based Systems Change ◽

10.47061/jabsc.v1i2.971 ◽

2021 ◽

Vol 1 (2) ◽

pp. 51-71

Author(s):

Rolf Arnold ◽

Michael Schön

Keyword(s):

Education System ◽

Critical Analysis ◽

System Development ◽

System Change ◽

The Self ◽

Educational Systems ◽

Evidence Based ◽

Constructivist Pedagogy ◽

German Education ◽

Effective Conditions

Referring to the European and especially the German education system, this article first identifies that both forms of governance in educational systems as well as pedagogical professionalization have fallen behind. We present new proposals for a substantive and evidence-based reinterpretation and reshaping of what education is and can be and how educational systems can be changed. In order to address these shortcomings, we follow suggestions of a systemic-constructivist pedagogy, and highlight concrete strategies and starting points of an awareness-based system change in the field of educational system development are pointed out. This attempt to not only rethink education, but also to shape it, is based on a critical analysis of the often stagnant internal educational reforms, and the concepts and routines that characterize these stagnant reforms. We hypothesize that, in order to break free from this stagnation, a continuous self-transforming subjectivity of the responsible actors is necessary. This explanatory framework is extended in this article to the figure of the ”reflexible person” (Arnold, 2019a), whose main characteristic is reflexibility, in the sense of being reflexive as well as flexible. The reflexible person possesses practiced and strengthened competencies for observation and reflection including of the self, as well as reinterpretation and transformation. These competences are substantiated and specified as prerequisites and effective conditions for an awareness-based system change in educational systems. In addition, possible ways of promoting and developing them are pointed out.

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Critical Analysis of 12 recent title VII research reports

Audiovisual communication review ◽

10.1007/bf02767980 ◽

1962 ◽

Vol 10 (3) ◽

pp. A102-A118

Author(s):

Malcolm S. MacLean

Keyword(s):

Critical Analysis ◽

Title Vii ◽

Recent Title

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Premises of Digital Transformation in Autopoietic Organizations

Advances in Human Resources Management and Organizational Development - Handbook of Research on Autopoiesis and Self-Sustaining Processes for Organizational Success ◽

10.4018/978-1-7998-6713-5.ch016 ◽

2021 ◽

pp. 325-345

Author(s):

Guillermo J. Larios-Hernandez

Keyword(s):

Critical Analysis ◽

Evolutionary Economics ◽

Digital Transformation ◽

Theory And Practice ◽

The Self ◽

Structural Coupling ◽

Scholarly Literature ◽

Dual Perspective ◽

Definition Of ◽

Rule Making

This chapter exposes how the realization of digital transformation (DT) derives from the decisional communication of rule-making “chosen” alternatives, which originate in the self-referenced informational space, according to the dual perspective of reality adopted in evolutionary economics. Based on a critical analysis of scholarly literature to identify key proposals that support the definition of DT strategies, this research establishes the relevance of the fundamental tenets of autopoiesis theory, such as operational closure, structural coupling, and languaging, in the context of digitalization, to harmonize such DT strategy proposals to the structure of the organization in terms of decision premises. The internal availability of these decision premises determines the type of digitalization potential that can be self-observed by the organization, reinterpreting the attributes of DT in a framework that recognizes the sets of DT alternatives as decision premise dichotomies, with implications for theory and practice.

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