Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

Dissing Disabilities: A Student's Duty To Mitigate Maladies, J. J. Knauff Mar 2001

Dissing Disabilities: A Student's Duty To Mitigate Maladies, J. J. Knauff

Brigham Young University Education and Law Journal

No abstract provided.


India: Training Teachers For Children With Mental Retardation, Sharon A. Raver Jan 2001

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 ...


School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake Jan 2001

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 ...