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Articles 1 - 28 of 28
Full-Text Articles in Law
Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman
Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman
St. Mary's Law Journal
There is much talk these days of promoting “equity” rather than “equality.” When applied outside athletics, Title IX promotes non-discrimination, usually associated with equality. As it has been applied to sports, though, it may be our most prominent “equity” statute, making sure each sex gets its fair share.
The questions this article seeks to address are legal ones that the debate about trans females seems to bring to the fore. How did we start with a statute whose language looks very similar to every other civil rights statute—and, indeed, that acts just like every other civil rights statute outside of …
He Said, She Said: Plausible Pleadings For Reverse Title Ix Claims, James Bunster
He Said, She Said: Plausible Pleadings For Reverse Title Ix Claims, James Bunster
Touro Law Review
No abstract provided.
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
Touro Law Review
The Kavanaugh confirmation hearings, the Harvey Weinstein case, and the Jeffrey Epstein case have done us a valuable service. By focusing mass media attention and academic discourse on consent to sex and on assault, they have brought to a boil two issues that have been simmering for some time in feminist circles. The present essay invites readers to consider feminist writings over the last half-century that have influenced this discourse and continue to incite febrile talk today.
First to be examined is the American “heartbalm” regime, an early effort to protect women from the emotional harm resulting from seduction by …
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
Scholarly Works
No abstract provided.
Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson
Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson
University of Massachusetts Law Review
This Article will likewise examine the prosecution of sexual harassment in what has come to be called the Me Too Era, not only by analyzing the constitutional application and limitations of due process, the promulgation of Title IX policies4 on campuses and their effect on public students and employees, and the limited remedies available to workers in private entities, but to suggest as well ways by which academics can move their message beyond theory and into pragmatic solutions with greater impact.
When Both Apply, Does Title Vii Displace Title Ix In Employee-On-Employee Sexual Harassment Cases?, Ryan Butler
When Both Apply, Does Title Vii Displace Title Ix In Employee-On-Employee Sexual Harassment Cases?, Ryan Butler
SLU Law Journal Online
Ryan Butler explores the possibility of an employee-on-employee sexual harassment circuit split, causing some employees to have a remedy under only Title VII, while others may have remedies under both Title VII and Title IX.
Rejecting The Wrongs Of Yesterday: A Multifaceted Approach To Eliminating Racial Disparities In The Arkansas Criminal Justice System, Adjoa A. Aiyetoro, Tara V. Dejohn
Rejecting The Wrongs Of Yesterday: A Multifaceted Approach To Eliminating Racial Disparities In The Arkansas Criminal Justice System, Adjoa A. Aiyetoro, Tara V. Dejohn
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Failing To Fund Fairly: Title Ix Athletics Scholarships Compliance, Barbara J. Osborne
Failing To Fund Fairly: Title Ix Athletics Scholarships Compliance, Barbara J. Osborne
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Making Gender Visible: Title Ix And Discriminatory School Discipline, Verna Williams
Making Gender Visible: Title Ix And Discriminatory School Discipline, Verna Williams
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah L. Brake
Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah L. Brake
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik
Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Table Of Contents, Tabitha Johnson
Table Of Contents, Tabitha Johnson
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Ncaa: No Consequences Against Athletes, Catalina Kelly
Ncaa: No Consequences Against Athletes, Catalina Kelly
Loyola of Los Angeles Law Review
No abstract provided.
It’S Not Complicated: Containing Criminal Law’S Influence On The Title Ix Process, Margaret B. Drew
It’S Not Complicated: Containing Criminal Law’S Influence On The Title Ix Process, Margaret B. Drew
Faculty Publications
Title IX processes that address campus sexual assault are undergoing dramatic changes in structure as well as in review. After receipt of the Department of Education’s 2011 “Dear Colleague” letter, colleges and universities were impelled to review how their institutions were implementing Title IX. From website information through decision making on alleged violations, the ways in which higher education addresses federally guided changes is a matter of national conversation. This essay addresses change in light of campus sexual assault allegations, and does not explicitly address other forms of Title IX complaints, such as athletic funding and opportunities. This essay will …
A Higher Power Produces Greater Problems: How Religious Honor Codes And Religious Schools Exacerbate Campus Sexual Assault, Samuel T. Jay
A Higher Power Produces Greater Problems: How Religious Honor Codes And Religious Schools Exacerbate Campus Sexual Assault, Samuel T. Jay
American University Journal of Gender, Social Policy & the Law
No abstract provided.
"You Miss 100% Of The Shots You Never Take": Virginia High School League's Policy Violates Title Ix By Preventing Transgender Student Athletes From Taking A Shot At Participating In Athletics, Sarah M. Jacques
Sarah M Jacques
No abstract provided.
Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis
Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis
Faculty Scholarship
Today there is an enormous gender disparity among collegiate head coaches and athletic administrators in the United States. Women fill less than a quarter of head coach and athletic director positions in college athletics and are even minorities among coaches of women's teams. Few other professions are as impervious to gender integration. Leadership in college athletics is, in the words of one scholar, one of the "few male bastions remaining," which raises the question: Why are women so starkly underrepresented in leadership positions within college athletics? There is no easy answer, but rather a variety of factors that exclude, deter, …
Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis
Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis
Faculty Scholarship
The NCAA has been relying on Title IX requirements to defend its polices prohibiting compensation for college athletics; it argues that paying athletes in revenue sports, coupled with the commensurate obligation under Title IX to pay female athletes, would be prohibitively expensive.
As a response to the NCAA’s argument, the Author seeks to advance two positions: first, that Title IX would, as argued by the NCAA, require payment of female athletes using some measure of equality; and second, that it is not Title IX that renders the prospect of athlete compensation cost prohibitive, but rather, the fact that college athletics …
Reactive To Proactive: Title Ix's Unrealized Capacity To Prevent Campus Sexual Assault, Katharine B. Silbaugh
Reactive To Proactive: Title Ix's Unrealized Capacity To Prevent Campus Sexual Assault, Katharine B. Silbaugh
Faculty Scholarship
This article examines the efforts to use Title IX to address the problem of sexual assaults on college campuses. It seeks to explain an odd phenomenon: universities seem to put more resources into addressing assaults that have already occurred than they do into preventing sexual assaults from occurring. To better understand how universities implicitly frame their options for addressing sexual assault, I’m going to posit that there are two particularly prevalent analytic approaches to sexual assault prevention. I’m going to call one the law enforcement approach and the other the public health approach. I’m going to link the law enforcement …
Real Men, Luke A. Boso
Real Men, Luke A. Boso
Luke A. Boso
Men experience discrimination every day at work and at school because they fail to look or behave like real men. Most courts now hold that men can prove sex discrimination by presenting evidence that the defendant harassed or bullied the plaintiff because he fails to conform to sex stereotypes. But judges in these cases are reluctant to find that defendants intended to discriminate “because of sex,” which is required to state a valid claim under statutory anti-discrimination law. Instead, judges routinely grant defendants’ motions for summary judgment and to dismiss based on little more than their own ideas about what …
Policing Masculinity In Small-Town America, Luke A. Boso
Policing Masculinity In Small-Town America, Luke A. Boso
Luke A. Boso
This Article explores masculinity in rural areas, and it addresses bullying and harassment of gay, bisexual, transgender, and otherwise gender non-conforming boys and men. While all men are under constant pressure to perform masculinity correctly and act like a "real" man, rural boys and men experience unique forms and degrees of gender policing and victimization. The confluence of geographic, social, religious, and economic characteristics common in many rural areas results in few available options for exhibiting acceptable masculinity; even benign and seemingly gender neutral traits quickly become proxies for effeminacy. Moreover, the cultural salience of rurality in the construction of …
Pay Or Play?: Why Requiring Notice And An Opportunity To Cure In Claims For Money Damages Best Serves The Compliance Goals Of Title Ix, Julie G. Yap
Marquette Sports Law Review
None
"A Radical Proposal": Title Ix Has No Place In College Sport Pay-For-Play Discussions, Ellen J. Staurowsky
"A Radical Proposal": Title Ix Has No Place In College Sport Pay-For-Play Discussions, Ellen J. Staurowsky
Marquette Sports Law Review
None
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams
Faculty Articles and Other Publications
This article examines how race and educational equity issues shape women's sports experiences.
Loving Gender Balance: Reframing Identity-Based Inequality Remedies, Darren Rosenblum
Loving Gender Balance: Reframing Identity-Based Inequality Remedies, Darren Rosenblum
Fordham Law Review
No abstract provided.
Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams
Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams
Faculty Articles and Other Publications
As parents, policymakers, and educators search for solutions to the crisis in the nation's public schools, single sex education emerges time and again as a promising strategy, particularly for African American students. This article argues that, in order to comprehend fully the implications of single sex schooling in inner city schools, examining the history of sex-based and race-based segregation in education is essential.
History demonstrates that sex and racial segregation in education has supported gender and hierarchies and the attendant subordination of African Americans and white women. For example, when public education became available for Blacks, its primary purpose was …
The University's Liability For Professor-Student Sexual Harassment Under Title Ix, Henry Seiji Newman
The University's Liability For Professor-Student Sexual Harassment Under Title Ix, Henry Seiji Newman
Fordham Law Review
No abstract provided.