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Full-Text Articles in Law

Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp Oct 2005

Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp

Indiana Law Journal

No abstract provided.


Men In The Place Of Women, From Butler To Little Sisters; Gay Male Pornography: An Issue Of Sex Discrimination, By Christopher N. Kendall, Leslie Green Oct 2005

Men In The Place Of Women, From Butler To Little Sisters; Gay Male Pornography: An Issue Of Sex Discrimination, By Christopher N. Kendall, Leslie Green

Osgoode Hall Law Journal

No abstract provided.


Title Ix: Beyond Equal Protection, David S. Cohen Jul 2005

Title Ix: Beyond Equal Protection, David S. Cohen

David S Cohen

The relationship between Title IX and the Equal Protection Clause is relevant to many areas of sex discrimination law. First and foremost, the issue has arisen when courts have attempted to determine the scope of Title IX's prohibition of sex discrimination. For instance, in Tara Brady's case, whether she could successfully bring a sex discrimination suit for monetary damages under Title IX, which says nothing on its face about pregnancy,(FN9) requires a determination of whether a plaintiff can bring a claim for monetary damages grounded in Title IX's regulation that prohibits pregnancy-based discrimination. After the Supreme Court's decision in Alexander …


The Quest For A Lactating Male: Biology, Gender, And Discrimination, Maureen E. Eldredge Apr 2005

The Quest For A Lactating Male: Biology, Gender, And Discrimination, Maureen E. Eldredge

Chicago-Kent Law Review

This paper analyzes employment discrimination faced by women due to unique biological characteristics, such as breastfeeding, contraception, and infertility. The paper discusses protection from discrimination provided by the Pregnancy Discrimination Act, gaps in that protection, and provides suggestions for ways to improve equal opportunity in the workplace.


Polygamy As A Red Herring In The Same-Sex Marriage Debate, Ruth K. Khalsa Apr 2005

Polygamy As A Red Herring In The Same-Sex Marriage Debate, Ruth K. Khalsa

Duke Law Journal

No abstract provided.


Derungs V. Wal-Mart Stores: Another Door Shut--A Federal Interpretation Excluding Breast-Feeding From The Scope Of A State's Sex Discrimination Protection, Katherine Macfarlane Jan 2005

Derungs V. Wal-Mart Stores: Another Door Shut--A Federal Interpretation Excluding Breast-Feeding From The Scope Of A State's Sex Discrimination Protection, Katherine Macfarlane

Journal Articles

No abstract provided.


Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene Jan 2005

Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene

Michigan Journal of Gender & Law

The disparity between what the Constitution permits of public schools and what Title IX permits of private ones is unquestionably stark. This Article calls this disparity into question. First, it asks under what circumstances, if any, allowance for sex discrimination in athletics may be justified under constitutional standards. Then, it considers the practical relevance of the disparity between how a school may lawfully discriminate under Title IX and how it may do so under the Equal Protection Clause. Finally, it offers a prescription for bringing into balance the gender equity messages sent by Title IX and the Constitution.


Fostering Capacity, Equality, And Responsibility (And Single-Sex Education): In Honor Of Linda Mcclain, Martha Minow Jan 2005

Fostering Capacity, Equality, And Responsibility (And Single-Sex Education): In Honor Of Linda Mcclain, Martha Minow

Hofstra Law Review

No abstract provided.


Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo Jan 2005

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

All Faculty Scholarship

Proceedings of the 2004 Annual Meeting, Association of American Law Schools, Sections on Employee Benefits and Employment Discrimination. Panel includes: Professor Colleen E. Medill; Professor Helen Norton; Eve Gartner, Esq.; and Professor Elizabeth Pendo.


Sexually Expressive Materials For Gay Men: Sex Discrimination Or Subversive Potential?, Donn Short Dec 2004

Sexually Expressive Materials For Gay Men: Sex Discrimination Or Subversive Potential?, Donn Short

Donn Short

This article reviews Christopher N. Kendall's book Gay Male Pornography: An Issue of Sex Discrimination. In particular, this article focuses on the analysis of the Little Sisters case and the harms-based test articulated in the Butler decision. Kendall's book explains his position that gay male pornography is a problem of sex discrimination, and the harm of gay pronography is not propertly understood under current theoretical models. Short challenges Kendall's assessment of gay male pornography.