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The “Program Or Activity” Rule In Anti-Discrimination Law: A Comment On S.272, H.R.700, And S.431, John H. Garvey
The “Program Or Activity” Rule In Anti-Discrimination Law: A Comment On S.272, H.R.700, And S.431, John H. Garvey
Scholarly Articles
In 1984 the Supreme Court determined in Grove City College v. Bell that the antidiscrimination provisions of Title IX of the Education Amendments of 1972 were program-specific rather than institution-wide in application. In response, several legislative proposals designed to mitigate or reverse the Grove City decision have been introduced in Congress. These proposals include the Civil Rights Restoration Act of 1985 (H.R. 700 and S. 431) and the Civil Rights Amendments Act of 1985 (S. 272). In this Article, Professor Garvey argues that institution-wide application of Title IX and similar antidiscrimination statutes would in many instances lead to results inconsistent …
Quality-Of-Life Ethics And Constitutional Jurisprudence: The Demise Of Natural Rights And Equal Protection For The Disabled And Incompetent, Robert A. Destro
Quality-Of-Life Ethics And Constitutional Jurisprudence: The Demise Of Natural Rights And Equal Protection For The Disabled And Incompetent, Robert A. Destro
Scholarly Articles
Part I of this article will attempt to identify some of the basic legal issues in the debate over the rights of the disabled and aged to minimal health care and nourishment. Part II will argue that the practice of defining the rights of the person functionally, rather than as a matter of principle, is an old one which had largely been eliminated after the adoption of the Fourteenth Amendment, but that it is now resurgent in some quarters as a means to an end which would be impossible were the definition to be based on an explicit principle of …