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Articles 1 - 12 of 12
Full-Text Articles in Law
Judicial Deference And Sexual Discrimination In The University, Mark Bartholomew
Judicial Deference And Sexual Discrimination In The University, Mark Bartholomew
Buffalo Women's Law Journal
Tenure discrimination plaintiffs confront a judiciary that regularly defers to the administrative judgments of universities. Strangely, however, student plaintiffs suing under Title IX do not confront the same deferential posture. This occurs even when the student plaintiffs are suing their professors over classroom speech and academic freedom is at stake. After presenting the evidence of an asymmetrical application of judicial deference to the university, the Article critiques the Supreme Court’s decision in Gebser v. Lago Vista Independent School District to weaken the remedial powers of Title IX relative to Title VII. The Article then explores the arguments for and against …
Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty
Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty
Faculty Scholarship
In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.
Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected …
Lack Of Knowledge Of Sexual Harassment Shields School Districts From Employer Liability Under Title Ix Gebser V. Lago Vista Indep. School Dist., Latosha Higgins
Lack Of Knowledge Of Sexual Harassment Shields School Districts From Employer Liability Under Title Ix Gebser V. Lago Vista Indep. School Dist., Latosha Higgins
Saint Louis University Public Law Review
No abstract provided.
Title Ix And The Scholarship Dilemma, B. Glenn George
Title Ix And The Scholarship Dilemma, B. Glenn George
Marquette Sports Law Review
No abstract provided.
Winning Isn't Everything…It's The Only Thing: A Critique Of Teenaged Girls' Participation In Sports, Eryn M. Doherty
Winning Isn't Everything…It's The Only Thing: A Critique Of Teenaged Girls' Participation In Sports, Eryn M. Doherty
Marquette Sports Law Review
No abstract provided.
The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake
The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake
Articles
Title IX, like other sex discrimination laws, addresses discrimination that occurs because of an individual’s sex. Courts interpreting Title IX, like those interpreting Title VII of the Civil Rights Act of 1964, have struggled to demarcate a line separating discrimination because of sex from discrimination because of sexual orientation. This article constructs an argument for viewing anti-gay discrimination, and in particular anti-gay harassment between students, as a form of sex discrimination under Title IX. The article first explores why school inaction in the face of sexual harassment discriminates on the basis of sex. Although sex discrimination law generally has long …
Changing The Rules: Why The Current "Actual Knowledge" Sexual Harrasment Standard Doesn't Make The Cut In Athletics, Andrea Ivory
Changing The Rules: Why The Current "Actual Knowledge" Sexual Harrasment Standard Doesn't Make The Cut In Athletics, Andrea Ivory
Vanderbilt Journal of Entertainment & Technology Law
In clear cases of sexual harassment, it is easy and appropriate to punish improper, predatory behavior. In such cases, the victim will be compelled to report the abuse, and the school will be compelled to respond. But the athletic environment occupies the blurry periphery of conduct that violates personhood. Here, in the sports context, intimate contact is routine, whether in heated moments on the field or in the forced companionship on the road. There is an increased risk of sexual harassment because the very environment is characterized by close physical and emotional relationships as well as unequal power relations. Physical …
Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
Sexual Harassment: Who Will Pay The Price Of Scandal?, Laurette Mulry
Sexual Harassment: Who Will Pay The Price Of Scandal?, Laurette Mulry
Touro Law Review
No abstract provided.
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Substantial Proportionality Not Required: Achieving Title Ix Compliance Without Reducing Participation In Collegiate Athletics, Mark Hammond
Substantial Proportionality Not Required: Achieving Title Ix Compliance Without Reducing Participation In Collegiate Athletics, Mark Hammond
Kentucky Law Journal
No abstract provided.
Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen
Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen
Kentucky Law Journal
No abstract provided.