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ERIC Number: EJ1173799
Record Type: Journal
Publication Date: 2018
Pages: 40
Abstractor: ERIC
ISSN: ISSN-0896-5811
The Meaning of "Sex": Using Title VII's Definition of Sex to Teach about the Legal Regulation of Business
Kaminer, Debbie
Journal of Legal Studies Education, v35 n1 p83-122 Win 2018
The lesson described in this article includes a number of overlapping learning goals. The first goal is to develop students' understanding of the complexities associated with the legal regulation of business in the United States. This case study is an excellent means of doing so, since it involves numerous interrelated legal issues. Real-world legal dilemmas, of course, often have many parts to them, and it is important for students to understand how to address them. In doing this assignment, students will improve their understanding of the Commerce Clause, preemption, separation of powers, jurisdictional issues, administrative law, and stare decisis. This lesson will also develop students' understanding of how courts interpret statutory terms. Students will also analyze how different courts can interpret the same statute in a different manner as well as how the majority opinion, concurrence, and dissent can all reach different conclusions. Second, this case study also raises significant ethical issues and develops students' ability to analyze employment discrimination laws generally (as well as the specific issue of discrimination based on sexual orientation) from competing ethical frameworks. Students distinguish between whether discrimination based on sexual orientation is unethical and illegal, and analyze which branch of government should decide if it is illegal. Using a case study that raises overlapping legal and ethical issues addresses concerns of the "silo" nature of education. In addition to law and ethics, professors could include material on legal history, gender studies and psychology if they so choose. Third, with the increased focus on hybrid teaching at many universities, it is important to develop assignments that further learning goals in a hybrid format. Finally, this lesson develops students' ability to engage in potentially divisive discourse in a civil manner. Students must be able to articulate (although not agree with) competing interpretations regarding a controversial topic.
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education
Audience: Teachers
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: New York
Identifiers - Laws, Policies, & Programs: Civil Rights Act 1964 Title VII
Grant or Contract Numbers: N/A