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Articles 1 - 9 of 9

Full-Text Articles in Law

Judicial Deference And Sexual Discrimination In The University, Mark Bartholomew Sep 1999

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 …


Lack Of Knowledge Of Sexual Harassment Shields School Districts From Employer Liability Under Title Ix Gebser V. Lago Vista Indep. School Dist., Latosha Higgins Jan 1999

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 Jan 1999

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 Jan 1999

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.


Changing The Rules: Why The Current "Actual Knowledge" Sexual Harrasment Standard Doesn't Make The Cut In Athletics, Andrea Ivory Jan 1999

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 Jan 1999

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 Jan 1999

Sexual Harassment: Who Will Pay The Price Of Scandal?, Laurette Mulry

Touro Law Review

No abstract provided.


Substantial Proportionality Not Required: Achieving Title Ix Compliance Without Reducing Participation In Collegiate Athletics, Mark Hammond Jan 1999

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 Jan 1999

Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen

Kentucky Law Journal

No abstract provided.