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2000

Civil Rights and Discrimination

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Articles 1 - 30 of 238

Full-Text Articles in Law

The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein Dec 2000

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 ...


The Integration Game, Abraham Bell, Gideon Parchomovsky Dec 2000

The Integration Game, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


The Mixed Messages Of Title Ix, Sherman J. Clark Dec 2000

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.


Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough Dec 2000

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 ...


Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton Dec 2000

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.


Deference And Disability Discrimination, Rebecca H. White Dec 2000

Deference And Disability Discrimination, Rebecca H. White

Scholarly Works

In 1999, the question of deference to the EEOC grabbed the spotlight. It surfaced in a case that arose under the Americans with Disabilities Act of 1990 (the "ADA"), a relatively new, and sweeping, anti-discrimination law that prohibits workplace discrimination against qualified individuals with a disability. A difficult substantive question was presented: Is the determination of whether one has a disability within the meaning of the ADA to be made with or without regard to mitigating measures? Instinctively, either a "yes" or a "no" answer seems problematic. On the one hand, defining disability without regard to the corrective effects of ...


The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake Dec 2000

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 ...


Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber Dec 2000

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 ...


An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush Dec 2000

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.


Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck Nov 2000

Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.


In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston Nov 2000

In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston

BYU Law Review

No abstract provided.


Speaker, Girls In The Juvenile Justice System Nationally, Francine Sherman Oct 2000

Speaker, Girls In The Juvenile Justice System Nationally, Francine Sherman

Francine T. Sherman

No abstract provided.


A&M Florida A&M University Magazine For Employees, Alumni And Friends: The Return Of The Famu College Of Law, Florida Agricultural And Mechanical University Oct 2000

A&M Florida A&M University Magazine For Employees, Alumni And Friends: The Return Of The Famu College Of Law, Florida Agricultural And Mechanical University

Annual Reports and Publications

This issue celebrates the return of the FAMU College of Law. This posting includes former FAMU President Frederick S. Humphries' "President's Message" entitled Celebrating the Return of the College of Law and the Cover Story from the issue, The Rebirth of the FAMU College of Law 1949-1968 2000-Present. It contains a compilation of excerpts from Chapter Five in the The Florida Agricultural and Meghanical University College of Law (1949-2000) written by Larry O. Rivers.


Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter Oct 2000

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 ...


Affirmative Actions, William W. Van Alstyne Oct 2000

Affirmative Actions, William W. Van Alstyne

Faculty Publications

Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.


Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick Oct 2000

Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick

Faculty Publications

No abstract provided.


En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks Oct 2000

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.


Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton Oct 2000

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 Oct 2000

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.


Front Pay And Sexual Harrassment Cases: What It Is, Why It Is Important And How To Make It Better, Valerie Harris Oct 2000

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.


Beyond The Scope Of Employer Liability: Employer Failure To Address Retaliation By Co-Workers After Title Vii Protected Activity, Elana Olson Oct 2000

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.


Rethinking The History Of American Freedom, Michael J. Klarman Oct 2000

Rethinking The History Of American Freedom, Michael J. Klarman

William & Mary Law Review

No abstract provided.


Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman Oct 2000

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.


The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman Oct 2000

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 ...


Prostitution And Teenage Girls, Francine Sherman Sep 2000

Prostitution And Teenage Girls, Francine Sherman

Francine T. Sherman

No abstract provided.


Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2000

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


High-Stakes Tests And Students With Disabilities, Christopher M. Morrison Sep 2000

High-Stakes Tests And Students With Disabilities, Christopher M. Morrison

Boston College Law Review

Federal statutes require states to establish high educational standards and to create and administer standards-based assessments for all students, including those with disabilities. Although states can include most students with disabilities in these tests by providing them with accommodations, including 'students for whom these adaptations are insufficient to allow for meaningful participation in the tests has been more difficult. When designing and administering these tests, policy-makers must guard against unfairly denying educational opportunities to any student in an effort to set higher standards for the general population. Alternate assessments must be based on the individualized goals and objectives of each ...


Defining Recipients Of Federal Financial Assistance Under The Nondiscrimination Statutes, Heidi A. Reamer Sep 2000

Defining Recipients Of Federal Financial Assistance Under The Nondiscrimination Statutes, Heidi A. Reamer

Washington and Lee Law Review

No abstract provided.


Better Bitch Than Mouse: Ruth Bader Ginsburg, Feminism, And Vmi, Carey Olney Sep 2000

Better Bitch Than Mouse: Ruth Bader Ginsburg, Feminism, And Vmi, Carey Olney

Buffalo Women's Law Journal

No abstract provided.


The Heterogeneity Of Rights, Michael C. Dorf Sep 2000

The Heterogeneity Of Rights, Michael C. Dorf

Cornell Law Faculty Publications

What is the implication for the validity of governmental rules of the conclusion that the rule interferes with a constitutional right? This question has implications for two important doctrinal puzzles. The first is the question when, if ever, a litigant has a constitutional right to an exemption from a generally valid rule of law. Many constitutional rights are rule-dependent in the sense that they protect actors against certain kinds of governmental rules rather than shielding acts against governmental interference. This Article denies the claim by scholars and judges that this rule-dependence reflects a deep truth about the nature of constitutional ...