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Articles 1 - 30 of 176
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. …
Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell
Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell
University of Michigan Journal of Law Reform
The definition of Indian is the measure of eligibility for a variety of benefits and programs provided to Indians under federal law. There is confusion, however, at the core of efforts to define "Indian." This confusion raises many concerns about the role that government plays in defining "Indian." This Note surveys the most common definitions of "Indian" found in federal statutes, BIA regulations, and state laws. The author argues that the racial basis of many of these laws and regulations are unconstitutional and tread on the sovereignty of Indian tribes. She evaluates efforts of the federal government to avoid these …
Assembly Committee On Consumer Protection, Government Efficiency And Economic Development, Legislative Summary 1999-2000 Session, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development
Assembly Committee On Consumer Protection, Government Efficiency And Economic Development, Legislative Summary 1999-2000 Session, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development
California Assembly
No abstract provided.
The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth
The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth
Federal Communications Law Journal
In this introduction to the three pieces that follow, Commissioner Harold Furchtgott-Roth proposes his view that the regulation-drafting process relies more on art than science. The Commissioner sets out a four-category sliding scale to evaluate regulations, and lists the most frequently noted problems with FCC-promulgated rules.
Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker
Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker
Federal Communications Law Journal
In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and …
The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon
The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon
Federal Communications Law Journal
Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of the …
Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont
Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont
Federal Communications Law Journal
The character of a regulatory agency is most severely tested at the zenith of its power. When the Federal Communications Commission ("FCC" or "Commission") breaks free of the limitations imposed by the law, the Commission’s leadership sets its own course. It is at these times, when legal oversight is at a minimum, that it becomes most important for the agency to "pay more attention to justice." Unfortunately, as outlined in this Article, the FCC has often failed this test of institutional character. In at least three contexts, the Commission has proven to be something less than a benevolent master. In …
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.
The Fcc And Section 312(A)(7) Of The Communications Act Of 1934: The Development Of The “Unreasonable Access” Clause, Philip J. Gutwein Ii
The Fcc And Section 312(A)(7) Of The Communications Act Of 1934: The Development Of The “Unreasonable Access” Clause, Philip J. Gutwein Ii
Federal Communications Law Journal
Section 312(a)(7) of the Communications Act of 1934 requires that broadcast stations provide legally qualified candidates for federal elective office with reasonable access to advertising time on behalf of their candidacies. The FCC has long struggled with defining "reasonable access." On September 7, 1999, the FCC issued a Memorandum Opinion and Order in which it ruled that broadcast stations may not refuse a request for political advertising time solely because the station does not sell or program such lengths of time. This ruling came in response to a petition for reconsideration of an October 3, 1994 Declaratory Ruling, filed by …
Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King
Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King
Federal Communications Law Journal
Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. Consistent with that mandate, the FCC implemented a series of public hearings to discuss with tribes the issues they face concerning low telephone penetration rates. The FCC recommended investigation of universal service in unserved and underserved areas because telephone penetration rates among low-income consumers on tribal lands lagged behind rates in the rest of the country. From these hearings, the FCC proposed a jurisdictional framework to determine which eligible carriers would be under tribal, state, or federal jurisdiction. This …
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
The Second Amendment: Structure, History, And Constitutional Change, David Yassky
Michigan Law Review
A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Michigan Law Review
It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …
The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook
Michigan Law Review
The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …
The Public Justification Approach To Statutory Interpretation, Bernard W. Bell
The Public Justification Approach To Statutory Interpretation, Bernard W. Bell
Rutgers Law School (Newark) Faculty Papers
Legislative history seems inextricably intertwined with the concept of legislative intentexamining legislative history makes sense only if one wishes to determine legislative intent. The contestants on both sides of the current battle over using legislative history may agree on little, but they seem to agree on this point. Legislative history’s devotees argue that determining legislative intent is the goal of statutory interpretation, and the legitimacy of referring to legislative history seems to follow without much argument. That is, legislative history merely serves as a tool to find illusive legislative intent, but, in itself, lacks significance. Those who attack legislative history …
Public Safety 2000: Creating A Safer California, Assembly Committee On Public Safety
Public Safety 2000: Creating A Safer California, Assembly Committee On Public Safety
California Assembly
Legislative summary.
Legislative Bill Summary: 1999-2000 Legislative Session, Assembly Committee On Natural Resources
Legislative Bill Summary: 1999-2000 Legislative Session, Assembly Committee On Natural Resources
California Assembly
HOWARD WAYNE, CHAIRMAN
COMMITTEE MEMBERS:
SAM AANESTAD, VICE CHAIRMAN
RICHARD DICKERSON
HANNAH-BETH JACKSON
FRED KEELEY
ALAN LOWENTHAL
MIKE MACHADO
CAROLE MIGDEN
RICO OLLER
ROBERT PACHECO
DARRELL STEINBERG
COMMITTEE STAFF:
WILLIAM J. CRAVEN, CHIEF CONSULTANT
SCOTT H. VALOR, SENIOR CONSULTANT
KYRA EMANUELS ROSS, ASSOCIATE CONSULTANT
AURORA WALLIN, COMMITTEE SECRETARY
Legislative Summary - 2000 Session, Assembly Committee On Information Technology
Legislative Summary - 2000 Session, Assembly Committee On Information Technology
California Assembly
Committee Members:
John A. Dutra, Chair
Patricia C. Bates, Vice-Chair
Elaine Alquist
Mike Briggs
Denise Moreno Ducheny
1999-2000 Labor Issues And Legislation, Assembly Committee On Labor And Employment
1999-2000 Labor Issues And Legislation, Assembly Committee On Labor And Employment
California Assembly
Members:
Gloria Romero, Chair
Bob Margett, Vice Chair
Wally Knox
Martin Gallegos
Tom McClintock
Carole Migden
Rico Oller
Kevin Shelley
Darrell Steinberg
Staff:
Ralph Lightstone
Frances Fort
Manuel Valencia
Will Gonzalez (1999)
Brenda Heiser
Lorie Erickson
F00rs Sgb No. 5 (Army Scotchguard), Cooper
F00rs Sgb No. 5 (Army Scotchguard), Cooper
Student Senate Enrolled Legislation
A BILL
To appropriate four hundred dollars ($400.00) to Army ScotchGuard providing for banners to be placed on the LSU campus for the ‘2000 Jail-n-Bail’ fundraiser for the March of Dimes.
F00rs Sgb No. 6 (Election Code), Grantham, Wattigny, Ducote
F00rs Sgb No. 6 (Election Code), Grantham, Wattigny, Ducote
Student Senate Enrolled Legislation
A BILL
To amend Article III, Section 8, Subsection A of the LSU A&M Student Government Election Code as it pertains to absentee voting.
F00rs Sgb No. 4 (Bio Engr), Griggs
F00rs Sgb No. 4 (Bio Engr), Griggs
Student Senate Enrolled Legislation
A BILL
To appropriate one thousand two hundred sixty-five dollars and seventeen cents ($1,265.17) to the LSU Department of Biological Engineering Senior Design Project Team to help defray the cost of purchasing hardware and chemicals to be used in the fabrication and testing of a prototype for a student-designed biological reactor that will produce xylitol.
F00rs Sgb No. 7 (Election Code), Grantham, Nolan, Nunez
F00rs Sgb No. 7 (Election Code), Grantham, Nolan, Nunez
Student Senate Enrolled Legislation
A BILL
To amend Article IV, Section 3, Subsection C of the LSU A&M Student Government Election Code as it pertains to prohibited methods of campaigning.
F00rs Sgb No. 8 (Election Code), Jeansonne, Peters
F00rs Sgb No. 8 (Election Code), Jeansonne, Peters
Student Senate Enrolled Legislation
A BILL
To amend Article IV, Section 3 of the LSU A&M Student Government Election Code as it pertains to prohibited methods of campaigning.
F00rs Sgb No. 12 (Seac), Henderson
F00rs Sgb No. 12 (Seac), Henderson
Student Senate Enrolled Legislation
A BILL
To appropriate seven hundred ninety-five dollars ($795) to the LSU Chapter of the Student Environmental Action Coalition (SEAC) to help defray the costs of sending delegates to the U.S. Student Climate Summit of the United Nations Framework Convention on Climate Change (UNFCCC) November 18th-25th at The Hague, Netherlands.
F00rs Sgb No. 13 (Amend Budget), Wood
F00rs Sgb No. 13 (Amend Budget), Wood
Student Senate Enrolled Legislation
A BILL
To amend the Student Government 2000-2001 Fiscal Year Budget.
F00rs Sgr No. 5 (Retreat), Warner
F00rs Sgr No. 5 (Retreat), Warner
Student Senate Enrolled Legislation
A RESOLUTION