Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (29)
- American University Washington College of Law (26)
- William & Mary Law School (22)
- Villanova University Charles Widger School of Law (15)
- Georgetown University Law Center (9)
-
- Maurer School of Law: Indiana University (9)
- Fordham Law School (7)
- Brigham Young University Law School (6)
- Cleveland State University (6)
- University of Pennsylvania Carey Law School (6)
- Mercer University School of Law (5)
- Seattle University School of Law (5)
- SelectedWorks (5)
- Touro University Jacob D. Fuchsberg Law Center (5)
- Duke Law (4)
- Schulich School of Law, Dalhousie University (4)
- University of Florida Levin College of Law (4)
- University of North Florida (4)
- Washington University in St. Louis (4)
- Washington and Lee University School of Law (4)
- Columbia Law School (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- University of Baltimore Law (3)
- University of Georgia School of Law (3)
- University of Miami Law School (3)
- University of Oklahoma College of Law (3)
- Yeshiva University, Cardozo School of Law (3)
- California Western School of Law (2)
- Cornell University Law School (2)
- Florida A&M University College of Law (2)
- Keyword
-
- Discrimination (24)
- Civil Rights (18)
- Critical race theory (13)
- Equality (12)
- Martha Fineman (12)
-
- Sex discrimination (10)
- Feminism (9)
- Human rights (9)
- United States Supreme Court (8)
- Equal protection (7)
- Gender and law (7)
- Race (7)
- Racism (7)
- Title IX (7)
- Civil rights (6)
- Constitutional Law (6)
- Gender (6)
- History (6)
- Homophobia (6)
- Affirmative action (5)
- Employment (5)
- Race and law (5)
- Race discrimination (5)
- Racial discrimination (5)
- Sexual harassment (5)
- Sports (5)
- Title VII (5)
- Women (5)
- 2000 (4)
- ADA (4)
- Publication
-
- American University Journal of Gender, Social Policy & the Law (23)
- Faculty Scholarship (19)
- Villanova Law Review (14)
- University of Michigan Journal of Law Reform (10)
- William & Mary Journal of Race, Gender, and Social Justice (10)
-
- All Faculty Scholarship (9)
- Articles (8)
- Faculty Publications (8)
- Georgetown Law Faculty Publications and Other Works (8)
- Michigan Law Review (8)
- Law Faculty Articles and Essays (6)
- Michigan Journal of Race and Law (6)
- Scholarly Works (6)
- BYU Law Review (5)
- Mercer Law Review (5)
- Articles by Maurer Faculty (4)
- Fordham Urban Law Journal (4)
- Indiana Law Journal (4)
- Scholarship@WashULaw (4)
- UF Law Faculty Publications (4)
- Faculty Articles (3)
- Saffy Collection - All Textual Materials (3)
- University of Arkansas at Little Rock Law Review (3)
- Washington and Lee Journal of Civil Rights and Social Justice (3)
- Angela P Harris (2)
- Cornell Law Faculty Publications (2)
- David B Kopel (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Faculty Publications & Other Works (2)
- Faculty Works (2)
- Publication Type
Articles 1 - 30 of 242
Full-Text Articles in Law
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
University of Michigan Journal of Law Reform
In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both …
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
An "Olympics" Approach: A More Equitable Approach To Athletics Than Title Ix Offers, Marcia Federbush
University of Michigan Journal of Law Reform
A speech from Marcia Federbush, the writer of the first comprehensive Title IX complaint against a major university - the University of Michigan.
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton
University of Michigan Journal of Law Reform
Athletic participation is an important part of the educational process, instilling important lessons about discipline and teamwork. Title IX was intended to address the historic lack of opportunities for women and girls to participate in school athletics. Unfortunately, the current administrative interpretation of Title IX permits the elimination of male athletic opportunities as a means of complying with the statute's equality standard. This result undermines the purpose of Title IX and the role of athletics in the educational process for all students.
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia Lamber
University of Michigan Journal of Law Reform
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
University of Michigan Journal of Law Reform
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. …
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
Federal Communications Law Journal
When analyzing issues surrounding minority ownership of media, scholars have often noted that policy discussions in the area suffer from the linked problems of inadequate data and a lack of tools with which to analyze the data that do exist and might be collected. In Issue Three of Volume 51, several authors made this particular observation. To address this problem, This Article shows how one may use economic analysis and a financial model of a "typical" radio broadcaster to quantify the effects of specific policies. Specifically, the Article focuses on barriers to entry imposed by the FCC’s financial qualification requirements …
The Mixed Messages Of Title Ix, Sherman J. Clark
The Mixed Messages Of Title Ix, Sherman J. Clark
University of Michigan Journal of Law Reform
Introduction to a University of Michigan Journal of Law Reform Symposium entitled Competing in the 21st Century: Title IX, Gender Equity, and Athletics.
Deference And Disability Discrimination, Rebecca H. White
Deference And Disability Discrimination, Rebecca H. White
Scholarly Works
In 1999, the question of deference to the EEOC grabbed the spotlight. It surfaced in a case that arose under the Americans with Disabilities Act of 1990 (the "ADA"), a relatively new, and sweeping, anti-discrimination law that prohibits workplace discrimination against qualified individuals with a disability. A difficult substantive question was presented: Is the determination of whether one has a disability within the meaning of the ADA to be made with or without regard to mitigating measures? Instinctively, either a "yes" or a "no" answer seems problematic. On the one hand, defining disability without regard to the corrective effects of …
The Integration Game, Abraham Bell, Gideon Parchomovsky
The Integration Game, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.
Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck
Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston
In Re Impounded: When Will The Right Against Self-Incrimination Protect Witnesses From Foreign Prosecution?, R. Christopher Preston
BYU Law Review
No abstract provided.
Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton
Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
William & Mary Journal of Race, Gender, and Social Justice
This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory …
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A&M Florida A&M University Magazine For Employees, Alumni And Friends: The Return Of The Famu College Of Law, Florida Agricultural And Mechanical University
A&M Florida A&M University Magazine For Employees, Alumni And Friends: The Return Of The Famu College Of Law, Florida Agricultural And Mechanical University
Annual Reports and Publications
This issue celebrates the return of the FAMU College of Law. This posting includes former FAMU President Frederick S. Humphries' "President's Message" entitled Celebrating the Return of the College of Law and the Cover Story from the issue, The Rebirth of the FAMU College of Law 1949-1968 2000-Present. It contains a compilation of excerpts from Chapter Five in the The Florida Agricultural and Meghanical University College of Law (1949-2000) written by Larry O. Rivers.
Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi
Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Front Pay And Sexual Harrassment Cases: What It Is, Why It Is Important And How To Make It Better, Valerie Harris
Front Pay And Sexual Harrassment Cases: What It Is, Why It Is Important And How To Make It Better, Valerie Harris
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Beyond The Scope Of Employer Liability: Employer Failure To Address Retaliation By Co-Workers After Title Vii Protected Activity, Elana Olson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman
Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman
Indiana Law Journal
This is the text of a lecture sponsored by the Indiana Supreme Court and delivered at the Indiana University School of Law-Bloomington on February 3, 2000.
Rethinking The History Of American Freedom, Michael J. Klarman
Rethinking The History Of American Freedom, Michael J. Klarman
William & Mary Law Review
No abstract provided.
Affirmative Actions, William W. Van Alstyne
Affirmative Actions, William W. Van Alstyne
Faculty Publications
Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Faculty Publications
No abstract provided.
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
Michigan Law Review
The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Articles
The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.
The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Better Bitch Than Mouse: Ruth Bader Ginsburg, Feminism, And Vmi, Carey Olney
Better Bitch Than Mouse: Ruth Bader Ginsburg, Feminism, And Vmi, Carey Olney
Buffalo Women's Law Journal
No abstract provided.
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Cornell Law Faculty Publications
Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. By the 1970s and 1980s, standing limits traced to Article III’s case-or-controversy language had replaced the political question doctrine as the favored justiciability device. Although both political question and standing doctrines remain tools in the Court’s arsenal of threshold decision making,3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional …
The Heterogeneity Of Rights, Michael C. Dorf
The Heterogeneity Of Rights, Michael C. Dorf
Cornell Law Faculty Publications
What is the implication for the validity of governmental rules of the conclusion that the rule interferes with a constitutional right? This question has implications for two important doctrinal puzzles. The first is the question when, if ever, a litigant has a constitutional right to an exemption from a generally valid rule of law. Many constitutional rights are rule-dependent in the sense that they protect actors against certain kinds of governmental rules rather than shielding acts against governmental interference. This Article denies the claim by scholars and judges that this rule-dependence reflects a deep truth about the nature of constitutional …
The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii
The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii
BYU Law Review
No abstract provided.
Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith
Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith
BYU Law Review
No abstract provided.