Law Commons^™

Attorney General V. Miaa At Forty Years: A Critical Examination Of Gender Segregation In High School Athletics In Massachusetts, Erin E. Buzuvis

Faculty Scholarship

Forty years ago, the highest court in Massachusetts ruled in Attorney General v. Massachusetts Interscholastic Athletic Association that the state constitution's newly-added equal rights amendment prohibited the blanket exclusion of boys from girls' athletic teams. The state’s constitutional law departed from Title IX, as well as that of other states, in providing a legal foundation for a wider selection of gender-integrated high school sports. However, most sports remain segregated by sex.

The Author opines that sport organizers in Massachusetts have missed an opportunity to provide students a more balanced menu of athletic opportunities that incorporate both sex-segregated and gender-free sports …

State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens

Faculty Scholarship

This Article focuses on the debate concerning state constitutional expansion of criminal-procedure protections. It examines two such rights: (1) the protection against unreasonable searches and seizures; and (2) the right to the assistance of counsel in defending a criminal case. Each of these rights is embodied in both the federal and most, if not all, state constitutions. Each right is thus doubly applicable to the states, first, through the federal version by virtue of its incorporation into the Fourteenth Amendment’s due process protection and, second, through the state constitution’s version of the cognate right. So focused, the question is, what …