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Civil Rights and Discrimination Commons™
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Articles 1 - 5 of 5
Full-Text Articles in Civil Rights and Discrimination
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
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
Articles
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. …
Foreword: Politics, Pragmatism And The Courts, Anthony E. Varona
Foreword: Politics, Pragmatism And The Courts, Anthony E. Varona
Articles
No abstract provided.
Anchoring Justice: The Constitutionality Of The Local Law Enforcement Act In United States V. Morrison'S Shifting Seas, Anthony E. Varona, Kevin Layton
Anchoring Justice: The Constitutionality Of The Local Law Enforcement Act In United States V. Morrison'S Shifting Seas, Anthony E. Varona, Kevin Layton
Articles
No abstract provided.
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …