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Articles 91 - 106 of 106
Full-Text Articles in Law
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 …
Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh
Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh
Law Faculty Articles and Essays
This Essay works through essentialist language to reveal the multidimensional nature of racial segregation as a system of subordination. Specifically, it examines how racial segregation in public schools and laws prohibiting interracial marriage mutually reinforce racial and gender inequality. Part I discusses Brown and the traditional analysis of that decision as a case dealing with race, racial stigma, and equal educational opportunity. Part II reviews laws prohibiting interracial marriage, the reasoning and purpose behind these laws, and the Loving decision that rendered such laws unconstitutional. Part III then examines racial segregation in public schools as more than just a system …
The Americans With Disabilities Act And How It Affects Post-Secondary Education, Annette Louise Beck
The Americans With Disabilities Act And How It Affects Post-Secondary Education, Annette Louise Beck
Graduate Research Papers
The Americans with Disabilities Act and how it affects post-secondary education is what this literature review addresses. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against someone with a disability in places of employment and public places. In 1973, the United States Congress passed Section 504 and The Individuals with Disabilities Education Act (IDEA) was passed in 1990. Both helped solidify regulations regarding discrimination by any entity that receives federal funding including educational institutions. The law requires employers or schools to make a change or adjustment in a work or educational setting, program, or job that makes it …
"The Irresistible Force Meets The Immovable Object": When Antidiscrimination Standards And Religious Belief Collide In Aba-Accredited Law Schools, Kristin B. Gerdy
"The Irresistible Force Meets The Immovable Object": When Antidiscrimination Standards And Religious Belief Collide In Aba-Accredited Law Schools, Kristin B. Gerdy
Faculty Scholarship
No abstract provided.
Women In Science: Biological Factors Should Not Be Ignored, Kingsley R. Browne
Women In Science: Biological Factors Should Not Be Ignored, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Institute Brief: Making Experiential Education Accessible For Students With Disabilities, Cynthia Zafft, Sara Sezun, Melanie Jordan
Institute Brief: Making Experiential Education Accessible For Students With Disabilities, Cynthia Zafft, Sara Sezun, Melanie Jordan
The Institute Brief Series, Institute for Community Inclusion
College students with disabilities enter with less work experience and have a harder time finding jobs than their nondisabled peers. Experiential education-- mentoring, internships, job shadowing, and so on-- can create a bridge to graduation and employment. However, that requires college professionals to consider access issues for all students. A new Institute Brief provides basic disability awareness information, suggests ways to create welcoming career offices, and offers ideas to increase access to experiential education.
We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth
We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth
Health and Sport Science Faculty Publications
The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community.
Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …
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 …
India: Training Teachers For Children With Mental Retardation, Sharon A. Raver
India: Training Teachers For Children With Mental Retardation, Sharon A. Raver
Communication Disorders & Special Education Faculty Publications
India is a country of contradictions. On one hand, India is a modern country moving toward becoming a world leader in computer technology and boasts the second most computer literate population in the world (Babington, 2000; Kumar, 1999). On the other hand, India is a developing nation with 14 constitutionally recognized languages, 25% of the world's malnourished (Babington, 2000), and a majority that practices customs in everyday life that are 5,000 year old (Kumar, 1999). India is rich in natural resources and yet, because its population grows as quickly as its economy, it has one of the world's lowest per-capita …
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 …
Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts
Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts
The Institute Brief Series, Institute for Community Inclusion
Recommendations from community recreation providers on how to include youth with disabilities in recreation programs.
In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans
In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans
Law Faculty Scholarship
Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …
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 …
An Exploration Of Gender Issues And The Role Of The Outsider In Women's Education Programs In Muslim Communities Case Studies In Afghanistan, Bangladesh, Senegal, And Yemen, Jode Lynne Walp
Master's Capstone Projects
No abstract provided.
An Educational-Counseling Program On Public Law 94-142 For Parents Of School-Aged Educable Mentally Handicapped Children, Patricia Coakley
An Educational-Counseling Program On Public Law 94-142 For Parents Of School-Aged Educable Mentally Handicapped Children, Patricia Coakley
Masters Theses & Specialist Projects
The passage of Public Law 94-142, the Education for All Handicapped Children Act of 1975, mandates that parents of a handicapped child must be included in the educational planning and placement procedures for their child. The law requires (1) parent counseling and (2) parent participation in the planning of the child’s educational career. Yet almost six years after the passage of Public Law 94-142, the role of parent which emerges today appears to be one of passive involvement in the Individualized Educational Plan (IEP) process. The literature suggests this lack of active participation possibly stems from several sources: the parents’ …