Melissa A Harness | Charleston School of Law (original) (raw)
Papers by Melissa A Harness
SSRN Electronic Journal
Standardized testing is a human rights issue that continues to plague the educational systems in ... more Standardized testing is a human rights issue that continues to plague the educational systems in developed nations. Within countries like the United States and the United Kingdom, vexatious accountability measures, such as those provided by standardized testing, have polarized the educational arena, leaving in its wake a litany of human rights concerns. This culmination of over-testing and outcome-only driven education equates to an end game where employment and dollar signs erode the very fabric of human rights for children. In this paper, we hope to inspire understanding of the issues of contention happening in developed nations today regarding standardized testing issues, and we will make recommendations that may help these nations move from the statistical to the enlightened view of growing responsible and civic-minded citizens into the twenty-first century.
Social Science Research Network, 2023
Standardized testing is a human rights issue that continues to plague the educational systems in ... more Standardized testing is a human rights issue that continues to plague the educational systems in developed nations. Within countries like the United States and the United Kingdom, vexatious accountability measures, such as those provided by standardized testing, have polarized the educational arena, leaving in its wake a litany of human rights concerns. This culmination of over-testing and outcome-only driven education equates to an end game where employment and dollar signs erode the very fabric of human rights for children. In this paper, we hope to inspire understanding of the issues of contention happening in developed nations today regarding standardized testing issues, and we will make recommendations that may help these nations move from the statistical to the enlightened view of growing responsible and civic-minded citizens into the twenty-first century.
Media and Education in the Digital Age
In 1995, Robert Putnam introduced his theory of social capital in Bowling Alone: America’s Declin... more In 1995, Robert Putnam introduced his theory of social capital in Bowling Alone: America’s Declining Social Capital. Furthering his research, in 2000, he published Bowling Alone: The Collapse and Revival of American Community, in which Putnam attempts to explain how and why Americans’ social capital has consistently declined in the wake of the 1960s era. Putnam uses his main argument to demonstrate how the United States, historically recognized as a leader in democratic civic engagement, is in danger of reaching critically deficient levels of social capital, thus leading to a society that no longer trusts or knows its own members. This chapter seeks out a modern relevance for Putnam’s concept of social capital in a nation increasingly defined by hyper-realism and virtual lives. In engaging some of the critiques of this particular iteration of social capital, we engage with hidden discourses of marginality and historical contextuality, the effect of dis-association and individualism on the development of communal bonds, and implications for virtual social capital. In the end, we suggest the possibility of a paradigm shift that is reflective of the faceted selves we embody today – where identities lie along a continuum from communal to virtual and technology facilitates choices about engagement and responsibility.
Thayer-Bacon. She has been a great inspiration and has dramatically deepened my understanding and... more Thayer-Bacon. She has been a great inspiration and has dramatically deepened my understanding and appreciation for the complexities of our society, and the way in which one person can and should make a difference every day in other's lives. In her, I have found not only a mentor, but a friend.
Activity Theory in Education, 2016
Cultural Historical Activity Theory (CHAT) offers a broad approach to analyzing complex contexts.... more Cultural Historical Activity Theory (CHAT) offers a broad approach to analyzing complex contexts. CHAT has been employed in analysis of activities specifically within learning contexts for many years (Yamagata-Lynch, 2010). We find that the CHAT approach to the analysis of learning and learning environments is attractive because of its ability to recognise the intertwining of human thought and action (Engestrom, 1987; Galperin, 1995; Leontiev, 1981).
Journal of Education and Culture Studies, Nov 27, 2019
In this article, we develop a perspective on the purposes and possibilities of education in priso... more In this article, we develop a perspective on the purposes and possibilities of education in prison through the stories of the first author, a prison educator and critical pedagogue. In the context of today's prisons, we complicate universalist notions of citizenship by weaving theories of citizenship into the story of education. We share the daily concerns of a prison educator and explore the transformative possibilities that women convict students try on. We question how to shape educational practices in prison and contemplate the construction of a new "mock citizenship" informed by the realities of felony disenfranchisement. Our hope is to bring to the conversation something that has been lacking when discussions of incarceration occur: insight into the ways incarcerated students perform the role of citizen and how the purpose of prison education must extend beyond job readiness toward the creation of full citizens able to participate in the democratic process.
Lincoln Memorial University Law Review, Dec 23, 2021
The judicial selection process is heavily backlogged, resulting in excessive vacant judgeships, m... more The judicial selection process is heavily backlogged, resulting in excessive vacant judgeships, many in geographical areas with extremely high caseloads. Thus, the federal courts are falling further behind every year in settling disputes. The Senate’s action with President Obama’s nominee to the Supreme Court after the death of Justice Antonin Scalia has only escalated the dysfunction of the judicial selection process. Coupled with the fallout surrounding the death of Justice Ginsburg and Senator McConnell’s complete refusal to honor the precedent set by him in 2016, it has become glaringly apparent that the confirmation process conducted by the Senate needs to be standardized and streamlined. In this article, we perform a Constitutional analysis of the actual textual role of the Senate in the Confirmation process and apply the historical interpretations of the Senate’s role by the drafters of the Constitution, explaining how the judicial selection process can be updated and standardized regarding both the Supreme Court and the lower federal courts without requiring a Constitutional amendment to expedite the selection and approval of nominees and improve the efficiency of the process.
Journal of Education and Culture Studies, 2019
In this article, we develop a perspective on the purposes and possibilities of education in priso... more In this article, we develop a perspective on the purposes and possibilities of education in prison through the stories of the first author, a prison educator and critical pedagogue. In the context of today's prisons, we complicate universalist notions of citizenship by weaving theories of citizenship into the story of education. We share the daily concerns of a prison educator and explore the transformative possibilities that women convict students try on. We question how to shape educational practices in prison and contemplate the construction of a new "mock citizenship" informed by the realities of felony disenfranchisement. Our hope is to bring to the conversation something that has been lacking when discussions of incarceration occur: insight into the ways incarcerated students perform the role of citizen and how the purpose of prison education must extend beyond job readiness toward the creation of full citizens able to participate in the democratic process.
My endeavor in this thesis is to discuss why teaching is not, and has never been considered, part... more My endeavor in this thesis is to discuss why teaching is not, and has never been considered, part of the true professions. Although much rhetoric is aimed at classifying teachers as true professionals and the teaching field as a true profession, the historical, sociological, and societal means that govern the ideological foundation of a true profession are lacking in the field of education. By using a historical, sociological, philosophical, and linguistic analysis of the words “true profession”, along with “unions”, private teaching organizations, etc., I am able to demonstrate not only why teaching is not a profession, but that teaching will never be a profession, even when the discourse for teachers insist that they are “professional”. It will be such unless the education system as we currently know it ceases to exist and is replaced with a completely different model. Therefore, I will attempt to create a new classification for the field of teaching besides that of a “profession”.
From 2011 to 2012, in Wisconsin, Governor Scott Walker and legislative republicans passed ACT-10,... more From 2011 to 2012, in Wisconsin, Governor Scott Walker and legislative republicans passed ACT-10, a law severely limiting public sector/teachers union's collective bargaining rights. This legislative effort shocked the nation with the bold move toward stricter regulations concerning the public sector, as Wisconsin is historically one of the most progressive states concerning labor within the United States. Teachers unions within the state took ACT-10 as an assault on their very profession. Shortly before the passing of the act, sit-ins and protests abounded within the capital of Madison that caught attention from both the local and national media. To answer questions pertaining to the media, policy, government, and public sector unions, this dissertation analyzes articles from three major newspaper sources (The New York Times, The Wisconsin State Journal, and The Capital Times) from 2011-2015, utilizing both critical discourse analysis and philosophy, to examine the media's framing of the issues pertaining to public sector/teacher unions within Wisconsin. By analyzing these media sources, three data strands emerged: The Language of Battle, Neoliberalistic Discourses, and Teacher as a Defunct Agent. The three strands reveal a picture that illuminates the unions and the teacher members as the 'enemy' that is destroying the education system within the United States. All the while, the government is portrayed as the savior of the education system by passing policies that restrict the unions, eliminating their "corruption," and giving control of the education system seemingly back to the teachers and administrators. However, at the same time, the teachers' accountability and professionalism were found to also be called into question within this media framework. By portraying such a politically motivated agenda, fueled by ideas surrounding neoliberalism, the media creates social justice issues, such as hegemony, whereby they call into question the need and abilities of such organizations as unions within a highly globalized society. Per the findings of this research: what is at stake is the future of what working in America will look like with portrayals such as what can be found within the discourse presented to the public through the media. vi
Book Chapters by Melissa A Harness
Activity Theory in Education: Research and Practice, Jan 1, 2016
Media and Education in the Digital Age: Concepts, Assessments, Subversions, 2014
In 1995, Robert Putnam introduced his theory of social capital in Bowling Alone: America’s Declin... more In 1995, Robert Putnam introduced his theory of social capital in Bowling Alone: America’s Declining Social Capital. Furthering his research, in 2000, he published Bowling Alone: The Collapse and Revival of American Community, in which Putnam attempts to explain how and why Americans’ social capital has consistently declined in the wake of the 1960s era. Putnam uses his main argument to demonstrate how the United States, historically recognized as a leader in democratic civic engagement, is in danger of reaching critically deficient levels of social capital, thus leading to a society that no longer trusts or knows its own members. This chapter seeks out a modern relevance for Putnam’s concept of social capital in a nation increasingly defined by hyper-realism and virtual lives. In engaging some of the critiques of this particular iteration of social capital, we engage with hidden discourses of marginality and historical contextuality, the effect of dis-association and individualism on the development of communal bonds, and implications for virtual social capital. In the end, we suggest the possibility of a paradigm shift that is reflective of the faceted selves we embody today – where identities lie along a continuum from communal to virtual and technology facilitates choices about engagement and responsibility.
Books by Melissa A Harness
My endeavor is to discuss why teaching is not, and has never been considered, part of the true pr... more My endeavor is to discuss why teaching is not, and has never been considered, part of the true professions. Although much rhetoric is aimed at classifying teachers as true professionals and the teaching field as a true profession, the historical, sociological, and societal means that govern the ideological foundation of a true profession are lacking in the field of education, specifically in public schools. By using a historical, sociological, philosophical, and linguistic analysis of the words "true profession", along with "unions", private teaching organizations, I am able to demonstrate not only why teaching is not a profession, but that teaching will never be a profession, even when the discourse of teachers insist that teachers are "professional". Teachers and the teaching field will continue to be classified as anything other than true professionals unless the education system as we currently know is replaced with a completely different way of viewing the job that teachers do. Therefore, I attempt to create a new classification for the field of teaching besides that of a "profession."
SSRN Electronic Journal
Standardized testing is a human rights issue that continues to plague the educational systems in ... more Standardized testing is a human rights issue that continues to plague the educational systems in developed nations. Within countries like the United States and the United Kingdom, vexatious accountability measures, such as those provided by standardized testing, have polarized the educational arena, leaving in its wake a litany of human rights concerns. This culmination of over-testing and outcome-only driven education equates to an end game where employment and dollar signs erode the very fabric of human rights for children. In this paper, we hope to inspire understanding of the issues of contention happening in developed nations today regarding standardized testing issues, and we will make recommendations that may help these nations move from the statistical to the enlightened view of growing responsible and civic-minded citizens into the twenty-first century.
Social Science Research Network, 2023
Standardized testing is a human rights issue that continues to plague the educational systems in ... more Standardized testing is a human rights issue that continues to plague the educational systems in developed nations. Within countries like the United States and the United Kingdom, vexatious accountability measures, such as those provided by standardized testing, have polarized the educational arena, leaving in its wake a litany of human rights concerns. This culmination of over-testing and outcome-only driven education equates to an end game where employment and dollar signs erode the very fabric of human rights for children. In this paper, we hope to inspire understanding of the issues of contention happening in developed nations today regarding standardized testing issues, and we will make recommendations that may help these nations move from the statistical to the enlightened view of growing responsible and civic-minded citizens into the twenty-first century.
Media and Education in the Digital Age
In 1995, Robert Putnam introduced his theory of social capital in Bowling Alone: America’s Declin... more In 1995, Robert Putnam introduced his theory of social capital in Bowling Alone: America’s Declining Social Capital. Furthering his research, in 2000, he published Bowling Alone: The Collapse and Revival of American Community, in which Putnam attempts to explain how and why Americans’ social capital has consistently declined in the wake of the 1960s era. Putnam uses his main argument to demonstrate how the United States, historically recognized as a leader in democratic civic engagement, is in danger of reaching critically deficient levels of social capital, thus leading to a society that no longer trusts or knows its own members. This chapter seeks out a modern relevance for Putnam’s concept of social capital in a nation increasingly defined by hyper-realism and virtual lives. In engaging some of the critiques of this particular iteration of social capital, we engage with hidden discourses of marginality and historical contextuality, the effect of dis-association and individualism on the development of communal bonds, and implications for virtual social capital. In the end, we suggest the possibility of a paradigm shift that is reflective of the faceted selves we embody today – where identities lie along a continuum from communal to virtual and technology facilitates choices about engagement and responsibility.
Thayer-Bacon. She has been a great inspiration and has dramatically deepened my understanding and... more Thayer-Bacon. She has been a great inspiration and has dramatically deepened my understanding and appreciation for the complexities of our society, and the way in which one person can and should make a difference every day in other's lives. In her, I have found not only a mentor, but a friend.
Activity Theory in Education, 2016
Cultural Historical Activity Theory (CHAT) offers a broad approach to analyzing complex contexts.... more Cultural Historical Activity Theory (CHAT) offers a broad approach to analyzing complex contexts. CHAT has been employed in analysis of activities specifically within learning contexts for many years (Yamagata-Lynch, 2010). We find that the CHAT approach to the analysis of learning and learning environments is attractive because of its ability to recognise the intertwining of human thought and action (Engestrom, 1987; Galperin, 1995; Leontiev, 1981).
Journal of Education and Culture Studies, Nov 27, 2019
In this article, we develop a perspective on the purposes and possibilities of education in priso... more In this article, we develop a perspective on the purposes and possibilities of education in prison through the stories of the first author, a prison educator and critical pedagogue. In the context of today's prisons, we complicate universalist notions of citizenship by weaving theories of citizenship into the story of education. We share the daily concerns of a prison educator and explore the transformative possibilities that women convict students try on. We question how to shape educational practices in prison and contemplate the construction of a new "mock citizenship" informed by the realities of felony disenfranchisement. Our hope is to bring to the conversation something that has been lacking when discussions of incarceration occur: insight into the ways incarcerated students perform the role of citizen and how the purpose of prison education must extend beyond job readiness toward the creation of full citizens able to participate in the democratic process.
Lincoln Memorial University Law Review, Dec 23, 2021
The judicial selection process is heavily backlogged, resulting in excessive vacant judgeships, m... more The judicial selection process is heavily backlogged, resulting in excessive vacant judgeships, many in geographical areas with extremely high caseloads. Thus, the federal courts are falling further behind every year in settling disputes. The Senate’s action with President Obama’s nominee to the Supreme Court after the death of Justice Antonin Scalia has only escalated the dysfunction of the judicial selection process. Coupled with the fallout surrounding the death of Justice Ginsburg and Senator McConnell’s complete refusal to honor the precedent set by him in 2016, it has become glaringly apparent that the confirmation process conducted by the Senate needs to be standardized and streamlined. In this article, we perform a Constitutional analysis of the actual textual role of the Senate in the Confirmation process and apply the historical interpretations of the Senate’s role by the drafters of the Constitution, explaining how the judicial selection process can be updated and standardized regarding both the Supreme Court and the lower federal courts without requiring a Constitutional amendment to expedite the selection and approval of nominees and improve the efficiency of the process.
Journal of Education and Culture Studies, 2019
In this article, we develop a perspective on the purposes and possibilities of education in priso... more In this article, we develop a perspective on the purposes and possibilities of education in prison through the stories of the first author, a prison educator and critical pedagogue. In the context of today's prisons, we complicate universalist notions of citizenship by weaving theories of citizenship into the story of education. We share the daily concerns of a prison educator and explore the transformative possibilities that women convict students try on. We question how to shape educational practices in prison and contemplate the construction of a new "mock citizenship" informed by the realities of felony disenfranchisement. Our hope is to bring to the conversation something that has been lacking when discussions of incarceration occur: insight into the ways incarcerated students perform the role of citizen and how the purpose of prison education must extend beyond job readiness toward the creation of full citizens able to participate in the democratic process.
My endeavor in this thesis is to discuss why teaching is not, and has never been considered, part... more My endeavor in this thesis is to discuss why teaching is not, and has never been considered, part of the true professions. Although much rhetoric is aimed at classifying teachers as true professionals and the teaching field as a true profession, the historical, sociological, and societal means that govern the ideological foundation of a true profession are lacking in the field of education. By using a historical, sociological, philosophical, and linguistic analysis of the words “true profession”, along with “unions”, private teaching organizations, etc., I am able to demonstrate not only why teaching is not a profession, but that teaching will never be a profession, even when the discourse for teachers insist that they are “professional”. It will be such unless the education system as we currently know it ceases to exist and is replaced with a completely different model. Therefore, I will attempt to create a new classification for the field of teaching besides that of a “profession”.
From 2011 to 2012, in Wisconsin, Governor Scott Walker and legislative republicans passed ACT-10,... more From 2011 to 2012, in Wisconsin, Governor Scott Walker and legislative republicans passed ACT-10, a law severely limiting public sector/teachers union's collective bargaining rights. This legislative effort shocked the nation with the bold move toward stricter regulations concerning the public sector, as Wisconsin is historically one of the most progressive states concerning labor within the United States. Teachers unions within the state took ACT-10 as an assault on their very profession. Shortly before the passing of the act, sit-ins and protests abounded within the capital of Madison that caught attention from both the local and national media. To answer questions pertaining to the media, policy, government, and public sector unions, this dissertation analyzes articles from three major newspaper sources (The New York Times, The Wisconsin State Journal, and The Capital Times) from 2011-2015, utilizing both critical discourse analysis and philosophy, to examine the media's framing of the issues pertaining to public sector/teacher unions within Wisconsin. By analyzing these media sources, three data strands emerged: The Language of Battle, Neoliberalistic Discourses, and Teacher as a Defunct Agent. The three strands reveal a picture that illuminates the unions and the teacher members as the 'enemy' that is destroying the education system within the United States. All the while, the government is portrayed as the savior of the education system by passing policies that restrict the unions, eliminating their "corruption," and giving control of the education system seemingly back to the teachers and administrators. However, at the same time, the teachers' accountability and professionalism were found to also be called into question within this media framework. By portraying such a politically motivated agenda, fueled by ideas surrounding neoliberalism, the media creates social justice issues, such as hegemony, whereby they call into question the need and abilities of such organizations as unions within a highly globalized society. Per the findings of this research: what is at stake is the future of what working in America will look like with portrayals such as what can be found within the discourse presented to the public through the media. vi
Activity Theory in Education: Research and Practice, Jan 1, 2016
Media and Education in the Digital Age: Concepts, Assessments, Subversions, 2014
In 1995, Robert Putnam introduced his theory of social capital in Bowling Alone: America’s Declin... more In 1995, Robert Putnam introduced his theory of social capital in Bowling Alone: America’s Declining Social Capital. Furthering his research, in 2000, he published Bowling Alone: The Collapse and Revival of American Community, in which Putnam attempts to explain how and why Americans’ social capital has consistently declined in the wake of the 1960s era. Putnam uses his main argument to demonstrate how the United States, historically recognized as a leader in democratic civic engagement, is in danger of reaching critically deficient levels of social capital, thus leading to a society that no longer trusts or knows its own members. This chapter seeks out a modern relevance for Putnam’s concept of social capital in a nation increasingly defined by hyper-realism and virtual lives. In engaging some of the critiques of this particular iteration of social capital, we engage with hidden discourses of marginality and historical contextuality, the effect of dis-association and individualism on the development of communal bonds, and implications for virtual social capital. In the end, we suggest the possibility of a paradigm shift that is reflective of the faceted selves we embody today – where identities lie along a continuum from communal to virtual and technology facilitates choices about engagement and responsibility.
My endeavor is to discuss why teaching is not, and has never been considered, part of the true pr... more My endeavor is to discuss why teaching is not, and has never been considered, part of the true professions. Although much rhetoric is aimed at classifying teachers as true professionals and the teaching field as a true profession, the historical, sociological, and societal means that govern the ideological foundation of a true profession are lacking in the field of education, specifically in public schools. By using a historical, sociological, philosophical, and linguistic analysis of the words "true profession", along with "unions", private teaching organizations, I am able to demonstrate not only why teaching is not a profession, but that teaching will never be a profession, even when the discourse of teachers insist that teachers are "professional". Teachers and the teaching field will continue to be classified as anything other than true professionals unless the education system as we currently know is replaced with a completely different way of viewing the job that teachers do. Therefore, I attempt to create a new classification for the field of teaching besides that of a "profession."