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Articles 1 - 3 of 3
Full-Text Articles in Education Law
The Wages Of Taking Bakke Seriously: Federal Judicial Oversight Of The Public University Admissions Process, Martin D. Carcieri
The Wages Of Taking Bakke Seriously: Federal Judicial Oversight Of The Public University Admissions Process, Martin D. Carcieri
Brigham Young University Education and Law Journal
No abstract provided.
Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan
Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan
Brigham Young University Education and Law Journal
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 …