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The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould
The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould
Michigan Journal of Gender & Law
On March 30, 1995, newspaper headlines declared that hate speech regulations were dead. After six years of litigating over university hate speech codes, Stanford University's rule, one of the most modest and cautiously drafted, had been declared unconstitutional by a California Superior Court. Hate speech regulation is far from over. To the contrary, hate speech rules not only continue to exist, but the courts regularly enforce their provisions. The difference is that these cases are largely restricted to a single category-sexual harassment. Under Title VII of the Civil Rights Act of 1964, and with the regulatory support of the Equal …
Changing The Rules: Why The Current "Actual Knowledge" Sexual Harrasment Standard Doesn't Make The Cut In Athletics, Andrea Ivory
Changing The Rules: Why The Current "Actual Knowledge" Sexual Harrasment Standard Doesn't Make The Cut In Athletics, Andrea Ivory
Vanderbilt Journal of Entertainment & Technology Law
In clear cases of sexual harassment, it is easy and appropriate to punish improper, predatory behavior. In such cases, the victim will be compelled to report the abuse, and the school will be compelled to respond. But the athletic environment occupies the blurry periphery of conduct that violates personhood. Here, in the sports context, intimate contact is routine, whether in heated moments on the field or in the forced companionship on the road. There is an increased risk of sexual harassment because the very environment is characterized by close physical and emotional relationships as well as unequal power relations. Physical …
How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew
Cleveland State Law Review
This note demonstrates that a cognizable claim of sexual harassment may be predicated on a severe, yet isolated episode of sexual harassment. In this inquiry, we will look to other Supreme Court and Appellate Court decisions regarding sexual harassment law to support the conclusion that a single incident of sexual harassment can constitute an actionable hostile work environment claim. Part II traces the background of sexual harassment law, including what constitutes actionable discrimination and the applicable standards of a hostile work environment claim. Part III outlines the Supreme Court's analysis of actionable employment discrimination based on sexual harassment under Title …
Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman
Touro Law Review
No abstract provided.