Education Law Commons^™

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. …

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Scholarly Works

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …

Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles

Articles, Chapters in Books and Other Contributions to Scholarly Works

During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After …

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.

Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.

Wygant V. Jackson Board Of Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Implementing The Illinois Educational Labor Relations Act, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Perry Education Association V. Perry Local Educators' Association, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Student Employees And Collective Bargaining, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Private University Professors And Nlrb V. Yeshiva: The Second Circuit's Misconception Of Shared Authority And Supervisory Status, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Moderator's Remarks, Institutional Due Process In The Twenty-First Century: The Future Of The Hearing Requirement, Harold H. Bruff

Publications

No abstract provided.

Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm

Law Faculty Scholarly Articles

Tenure occupies an important place in the mind of any new teacher. During the past survey year, the Kentucky courts have demonstrated that this status is not only important to teachers generally; it is essential to continued job security. The aegis of tenure provides not only the substance of teachers’ rights but also the procedure used to protect those rights.

Discharged teachers have alleged violations of the 14th amendment of the U.S. Constitution in both its equal protection and due process aspects and violations of the Kentucky constitution. However, in each instance the courts have summarily dismissed these claims, preferring …

Hortonville Joint School District No. 1 V. Hortonville Education Association, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.