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Articles 1 - 30 of 118
Full-Text Articles in Law
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
University of Michigan Journal of Law Reform
In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both …
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
University of Michigan Journal of Law Reform
A speech from Marcia Federbush, the writer of the first comprehensive Title IX complaint against a major university - the University of Michigan.
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
University of Michigan Journal of Law Reform
Athletic participation is an important part of the educational process, instilling important lessons about discipline and teamwork. Title IX was intended to address the historic lack of opportunities for women and girls to participate in school athletics. Unfortunately, the current administrative interpretation of Title IX permits the elimination of male athletic opportunities as a means of complying with the statute's equality standard. This result undermines the purpose of Title IX and the role of athletics in the educational process for all students.
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
University of Michigan Journal of Law Reform
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
University of Michigan Journal of Law Reform
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
Federal Communications Law Journal
When analyzing issues surrounding minority ownership of media, scholars have often noted that policy discussions in the area suffer from the linked problems of inadequate data and a lack of tools with which to analyze the data that do exist and might be collected. In Issue Three of Volume 51, several authors made this particular observation. To address this problem, This Article shows how one may use economic analysis and a financial model of a "typical" radio broadcaster to quantify the effects of specific policies. Specifically, the Article focuses on barriers to entry imposed by the FCC’s financial qualification requirements …
The Mixed Messages Of Title Ix, Sherman J. Clark
The Mixed Messages Of Title Ix, Sherman J. Clark
University of Michigan Journal of Law Reform
Introduction to a University of Michigan Journal of Law Reform Symposium entitled Competing in the 21st Century: Title IX, Gender Equity, and Athletics.
In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston
In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston
BYU Law Review
No abstract provided.
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
William & Mary Journal of Race, Gender, and Social Justice
This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory …
Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman
Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman
Indiana Law Journal
This is the text of a lecture sponsored by the Indiana Supreme Court and delivered at the Indiana University School of Law-Bloomington on February 3, 2000.
Rethinking The History Of American Freedom, Michael J. Klarman
Rethinking The History Of American Freedom, Michael J. Klarman
William & Mary Law Review
No abstract provided.
Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton
Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi
Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Beyond The Scope Of Employer Liability: Employer Failure To Address Retaliation By Co-Workers After Title Vii Protected Activity, Elana Olson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
Michigan Law Review
The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …
Front Pay And Sexual Harrassment Cases: What It Is, Why It Is Important And How To Make It Better, Valerie Harris
Front Pay And Sexual Harrassment Cases: What It Is, Why It Is Important And How To Make It Better, Valerie Harris
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Better Bitch Than Mouse: Ruth Bader Ginsburg, Feminism, And Vmi, Carey Olney
Better Bitch Than Mouse: Ruth Bader Ginsburg, Feminism, And Vmi, Carey Olney
Buffalo Women's Law Journal
No abstract provided.
The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii
The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii
BYU Law Review
No abstract provided.
Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith
Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith
BYU Law Review
No abstract provided.
Defining Recipients Of Federal Financial Assistance Under The Nondiscrimination Statutes, Heidi A. Reamer
Defining Recipients Of Federal Financial Assistance Under The Nondiscrimination Statutes, Heidi A. Reamer
Washington and Lee Law Review
No abstract provided.
The Failure Of The Integrated Enterprise Test: Why Courts Need To Find New Answers To The Multiple-Employer Puzzle In Federal Discrimination Cases, Mark Crandley
Indiana Law Journal
No abstract provided.
A Future Of Human And Civil Rights In Zimbabwe: Ideology And Outcome Research, Ibpp Editor
A Future Of Human And Civil Rights In Zimbabwe: Ideology And Outcome Research, Ibpp Editor
International Bulletin of Political Psychology
This article describes two common approaches to achieving human and civil rights and what may be needed to select among these and other approaches.
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver
University of Michigan Journal of Law Reform
Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …
Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton
Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton
BYU Law Review
No abstract provided.
Because We Love You, Rosemary B. Quigley
Because We Love You, Rosemary B. Quigley
Michigan Law Review
I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Michigan Law Review
Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
University of Michigan Journal of Law Reform
This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
University of Michigan Journal of Law Reform
Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …
"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine
"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine
Indiana Law Journal
The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly insurmountable racial barrier. Yet as he transitions into his historic role and his family becomes the first Black occupants of the White House, scores of Blacks are housed in jails and prisons across the country. The mass incarceration of Blacks, among other serious issues, demonstrates that race still matters in the United States. As then-presidential candidate Obama acknowledged in the speech that many viewed to be pivotal …