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Articles 61 - 76 of 76
Full-Text Articles in Sexuality and the Law
Helping Students Who Can't Help Themselves: Special Education And The Deliberate Indifference Standard For Title Ix Peer Sexual Harassment, Annette Thacker
Helping Students Who Can't Help Themselves: Special Education And The Deliberate Indifference Standard For Title Ix Peer Sexual Harassment, Annette Thacker
Brigham Young University Education and Law Journal
No abstract provided.
Safe Schools: The Threat From Within?, Donn Short
Safe Schools: The Threat From Within?, Donn Short
Donn Short
Safe school policies in many urban schools in Ontario have featured security guards, electronic surveillance, student identification tags, discipline, and zero tolerance. In 2000, the Ontario Ministry of Education passed the Safe Schools Act, which set out a list of offences that could trigger expulsion, suspension, and other disciplinary responses. Interestingly, it did not define safety. In a parallel move, the Toronto District School Board (TDSB) adopted The Equity Foundation Statement in 1999 – a comprehensive commitment to equity and a rally against racism, homophobia, sexism, and oppression based on class. This article explores the disconnect between students’ and teachers’ …
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.
What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill
What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill
Women’s Studies, Feminist Zine Archive
Writings and art about self-care, the judicial system, Adrienne Rich, the portrayal of women in advertising, Andrea Dowrkin, sex roles and pornography, rape culture, Rita Gross, human trafficking, welfare, contraception, Margaret Sanger, The Vagina Monologues, Guerilla Girls, feminism and religion, Sandra Harding, tenure at Chapman based on gender, and Delores Huerta.
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Donn Short
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Bruce MacDougall
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
Bringing Sexual Orientation And Gender Identity Into The Tax Classroom, Anthony C. Infanti
Bringing Sexual Orientation And Gender Identity Into The Tax Classroom, Anthony C. Infanti
Articles
A recent piece in the Journal of Legal Education analyzing student surveys by the Law School Admission Council reports that, despite improvement in the past decade, LGBT students still experience a law school climate in which they encounter substantial discrimination both inside and outside the classroom. Included among the list of "best practices" to improve the law school climate for LGBT students was a recommendation to incorporate discussions of LGBT issues in non-LGBT courses, such as tax. In a timely coincidence, the Section on Sexual Orientation and Gender Identity Issues held a day-long program at the 2009 AALS annual meeting …
Conversations In Equity And Social Justice: Constructing Safe Schools For Queer Youth, Donn Short
Conversations In Equity And Social Justice: Constructing Safe Schools For Queer Youth, Donn Short
Donn Short
No abstract provided.
The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake
The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake
Articles
The question of how law should respond to women who become pregnant, and whether to specially accommodate pregnancy or analogize it to other conditions, features prominently in virtually every area of sex equality law. In debates over women's equality in the workplace, for example, it has been the defining issue for the development of and debate over various models of equality in feminist legal theory. Until recently, however, the issue has been all but absent in debates and discussion about Title IX and its promise of sex equality in sports. This changed suddenly in 2007, when ESPN televised a program …
Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake
Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, 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 chosen 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 …
Queers, Bullying And Schools: Am I Safe Here?, Donn Short
Queers, Bullying And Schools: Am I Safe Here?, Donn Short
Donn Short
This article reports on interviews conducted with students and educators in various Toronto-area high schools in an attempt to gauge how and to what extent so-called "formal" law (laws, policies, regulations) interacts with other, sometimes, competing normative or- ders, such as gender codes, sexuality, race, religion, in the educational setting. This approach is necessary to understand how anti-harassment and anti-homophobia policies are complicated by these other regulating influences.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
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 …
The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake
The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake
Articles
Title IX, like other sex discrimination laws, addresses discrimination that occurs because of an individual’s sex. Courts interpreting Title IX, like those interpreting Title VII of the Civil Rights Act of 1964, have struggled to demarcate a line separating discrimination because of sex from discrimination because of sexual orientation. This article constructs an argument for viewing anti-gay discrimination, and in particular anti-gay harassment between students, as a form of sex discrimination under Title IX. The article first explores why school inaction in the face of sexual harassment discriminates on the basis of sex. Although sex discrimination law generally has long …
Sex As A Suspect Class: An Argument For Applying Strict Scrutiny To Gender Discrimination, Deborah Brake
Sex As A Suspect Class: An Argument For Applying Strict Scrutiny To Gender Discrimination, Deborah Brake
Articles
In United States v. Commonwealth of Virginia' ("VMI"), the Supreme Court has a landmark opportunity to revisit the legal standard courts should use to review classifications which treat men and women differently. The VMI case involves an equal protection challenge to the state's exclusion of women from VMI and its establishment of an alternative, sex-stereotyped women's leadership program as a remedy to that exclusion. The United States, which brought the case against VMI, has asked the Supreme Court to rule that sex-based classifications, like classifications based on race, must be subjected to the highest level of constitutional scrutiny, or "strict …
0108: Ira Napier Papers, 1945-1946, Marshall University Special Collections
0108: Ira Napier Papers, 1945-1946, Marshall University Special Collections
Guides to Manuscript Collections
The Ira E. Napier Papers consists of photo-reproductions of nine letters, two unpublished manuscripts, and two historical accounts. The collection is contained in a single box and are separated into four folders. The first folder, entitled: “Correspondence, July 1945-January 1946,” contains five typed-letters from Napier to his superior officer at the Federal Reformatory at Chillicothe, Ohio, Thomas F. Joyce; John Chapman of Huntington, West Virginia, Mrs. Walter J. Spears; and members of the Tullidge Family of Staunton, Virginia. These letters contain information on Napier’s opinions on the Huntington Police Department, prison reform, and his experiences working with the inmates. Folder …