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Full-Text Articles in Law

Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman Dec 2022

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 Jan 2021

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 Jan 2021

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 …


Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson Feb 2020

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.


Rejecting The Wrongs Of Yesterday: A Multifaceted Approach To Eliminating Racial Disparities In The Arkansas Criminal Justice System, Adjoa A. Aiyetoro, Tara V. Dejohn Jun 2017

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 Jun 2017

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 Jun 2017

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 Jun 2017

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 Jun 2017

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 Jun 2017

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 Jun 2017

Table Of Contents, Tabitha Johnson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Ncaa: No Consequences Against Athletes, Catalina Kelly Jan 2017

Ncaa: No Consequences Against Athletes, Catalina Kelly

Loyola of Los Angeles Law Review

No abstract provided.


A Higher Power Produces Greater Problems: How Religious Honor Codes And Religious Schools Exacerbate Campus Sexual Assault, Samuel T. Jay Jan 2017

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.


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 Jun 2012

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 Jun 2012

"A Radical Proposal": Title Ix Has No Place In College Sport Pay-For-Play Discussions, Ellen J. Staurowsky

Marquette Sports Law Review

None


Loving Gender Balance: Reframing Identity-Based Inequality Remedies, Darren Rosenblum Jan 2008

Loving Gender Balance: Reframing Identity-Based Inequality Remedies, Darren Rosenblum

Fordham Law Review

No abstract provided.


The University's Liability For Professor-Student Sexual Harassment Under Title Ix, Henry Seiji Newman Jan 1998

The University's Liability For Professor-Student Sexual Harassment Under Title Ix, Henry Seiji Newman

Fordham Law Review

No abstract provided.