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Full-Text Articles in Law and Gender

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle Apr 2004

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Revisiting Title Ix's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah Brake Jan 2004

Revisiting Title Ix's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah Brake

Articles

This essay addresses three issues surrounding Title IX's application to women's sports that have been largely eclipsed by the recent controversy over Title IX's three-part test: the increasingly male composition of athletic leadership positions; the focus on cutting men's sports as a remedy to discrimination against women; and the role of revenue and massive spending on men's elite sports in justifying gender inequality in sports. The essay links each of these issues to broader questions and concerns in discrimination law more generally, and concludes that deeper cultural change is needed to fulfill Title IX's promise.


When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah Brake Jan 2004

When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah Brake

Articles

This Article addresses the problem of leveling down as a response to discrimination. Existing case law and legal scholarship generally assume that inequality may be remedied in one of two ways: improving the lot of the disfavored group to match that of the most favored group, or worsening the treatment of the favored group until they fare as badly as everyone else. The term "leveling down" refers to the latter response. This Article contends that courts and commentators have overstated the flexibility of equality rights in accepting leveling down as a response to inequality, and proposes a new framework that …


Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon Jan 2004

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Scholarly Works

No abstract provided.


Constitutional Choices: Legal Feminism And The Historical Dynamics Of Change, Serena Mayeri Jan 2004

Constitutional Choices: Legal Feminism And The Historical Dynamics Of Change, Serena Mayeri

All Faculty Scholarship

No abstract provided.