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Full-Text Articles in Law
Antidiscrimination Laws And The First Amendment, David E. Bernstein
Antidiscrimination Laws And The First Amendment, David E. Bernstein
Missouri Law Review
Part I of this Article discusses the development of Supreme Court doctrine regarding First Amendment challenges to the enforcement of antidiscrimination laws. Part II discusses attempted justifications by courts and academics for applying the toothless compelling interest test in conflicts between the First Amendment and antidiscrimination laws. Rationales have ranged from Congress’ purported intent to eradicate discrimination by passing Title VII of the 1964 Civil Rights Act to the anti-caste attributes of the Reconstructions Amendments. All of these arguments fail. Also examined is the threat reliance on the compelling interest test posed to the rights of speech, expressive association, and …
Bump, Set, Spiked: Determining Whether The National Collegiate Athletic Association Is A Recipient Of Federal Funds Under Title Ix, Matthew P. Hamner
Bump, Set, Spiked: Determining Whether The National Collegiate Athletic Association Is A Recipient Of Federal Funds Under Title Ix, Matthew P. Hamner
Missouri Law Review
Since the enactment of the Education Amendments of 1972, a major issue facing the National Collegiate Athletic Association ("NCAA") and its member schools has been the applicability of Title IX of the Amendments to those organizations. Title IX provides that no organization that operates educational programs may discriminate on the basis of sex if that program receives federal financial assistance Like many other federal antidiscrimination acts, the main debate under Title IX involves when a particular organization can be deemed to be "receiving" federal financial assistance. While the majority of NCAA member schools receive federal funds, the NCAA as an …