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Articles 1 - 7 of 7
Full-Text Articles in Law
Reflection On Progress Without Equity: Title Ix K-12 Athletics At Fifty, Elizabeth Kristen
Reflection On Progress Without Equity: Title Ix K-12 Athletics At Fifty, Elizabeth Kristen
American University Journal of Gender, Social Policy & the Law
Title IX of the Education Amendments of 1972 (“Title IX”) turned fifty this year. Despite tremendous progress for women and girls over the last five decades, the promise of gender equity in athletics remains elusive, especially at the K-12 level. Unlike so many other civil rights laws passed in the 1960s and 1970s, Title IX remains a highly under-litigated and underenforced statute. A basic Westlaw search for “Title VII of the Civil Rights Act of 1964” yields more than 10,000 federal cases. But the same search for “Title IX of the Education Amendments of 1972” yields about 2500 cases. Only …
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples — terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, criminal law procedural protections do not apply. They have exploded largely unchecked — subject to little more than bare rationality review and negligible procedural protections — and without any coherent theory as to …
'Simple' Takes On The Supreme Court, Robert Tsai
'Simple' Takes On The Supreme Court, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …
The Intergration Myth: America's Failure To Produce Equal Education Outcomes, Samuel E. Brown
The Intergration Myth: America's Failure To Produce Equal Education Outcomes, Samuel E. Brown
The Modern American
No abstract provided.
Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On 'Measured Endorsement', Jamin B. Raskin
Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On 'Measured Endorsement', Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
[In Measured Endorsement] Shari Seidman Diamond and Andrew Koppelman argue that courts should rely on the techniques and methodologies of public opinion polling to survey the public and determine whether such displays endorse religion and therefore violate the Establishment Clause.' The authors support the point by developing an analogy to litigation under the Lanham Act, where courts regularly use evidence from public opinion poll results to determine whether there is legally salient 'consumer confusion' in a trademark dispute. The theoretical problem with this analogy is that the issue at stake under the Lanham Act is whether there is a likelihood …
United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer
United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
ABSTRACT: In this Article, Professor Kovacic-Fleischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this citation indicates that the Court …
Unexplainable On Grounds Other Than Race , David Kairys
Unexplainable On Grounds Other Than Race , David Kairys
American University Law Review
No abstract provided.