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Articles 271 - 300 of 306
Full-Text Articles in Sexuality and the Law
Sex Education And Rape, Michelle J. Anderson
Sex Education And Rape, Michelle J. Anderson
Michigan Journal of Gender & Law
In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
Over the last decade or so, various legal schemes such as the statutes and court or agency enforcement of Title IX and the Clery Act have increasingly recognized that certain institutional responses perpetuate a cycle of nonreporting and violence. This paper draws upon comprehensive legal research conducted on how the law now regulates school responses to campus peer sexual violence to show that schools face much greater liability from failing to protect the rights of campus peer sexual violence survivors than of any other group of students, including alleged assailants. By encouraging their institutions to develop more victim-centered responses to …
Sexual Orientation And Outcomes In College, Christopher (Kitt) Carpenter
Sexual Orientation And Outcomes In College, Christopher (Kitt) Carpenter
Vanderbilt Law School Faculty Publications
It has been well documented that sexual minority individuals are significantly more likely to be college educated than heterosexual individuals [Black, D., Gates, G., Sanders, S., & Taylor, L. (2000). Demographics of the gay and lesbian population in the United States: Evidence from available systematic data sources. Demography, 37(2), 139–154; and others]. Yet there is very little scholarship on the experiences of sexual minorities in college. We discuss several ways that sexual orientation could matter for college outcomes, and we provide the first empirical evidence on this question by using confidential data on over 40,000 students from …
Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo
Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth
Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth
Scholarly Works
Progressive, anti-subordination values support robust First Amendment protection for high school and university students, including strong rights of expressive association, even when those rights clash with educational institutions' nondiscrimination policies. The leading cases addressing the conflicts between nondiscrimination policies and exclusionary student groups are polarized and distorted by their culture war context. That context tainted the leading authority, Boy Scouts of America v. Dale, and is especially salient in the student expressive association cases, many of which are being aggressively litigated by religious groups with strong anti-homosexuality goals. The strength of these First Amendment claims can be difficult to recognize …
Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo
Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
Recent mass shootings on college campuses have focused many on the responsibilities of colleges and universities to prevent and respond to such violence. However, in statistical terms, this type of campus violence can thankfully be considered relatively extraordinary. In contrast, the only type of campus violence that is unfortunately common enough to be characterized as “ordinary” is peer sexual assault and similar forms of campus gender-based violence. Accordingly, this essay explores the scope and dynamics of both “ordinary” and “extraordinary” campus violence, discusses the law and “best practices” dealing with peer sexual violence victims’ rights and the due process rights …
The Changing Faces Of Women's Colleges: Striking A Balance Between Transgender Rights And Women's Colleges' Right To Exclude, Cathy Perifimos
The Changing Faces Of Women's Colleges: Striking A Balance Between Transgender Rights And Women's Colleges' Right To Exclude, Cathy Perifimos
Cardozo Journal of Equal Rights & Social Justice
The note explores the tension between women's colleges' traditional mission of providing single-sex education and the rights of transgender students, arguing for the need to balance these interests through clear policies and legal frameworks.
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Cardozo Journal of Equal Rights & Social Justice
The note argues that the juvenile justice system must integrate the sexual orientation and gender identity of LGBT youth into their rehabilitative process. It emphasizes that these youth face unique challenges, including harassment, rejection, and discrimination, which often lead to their involvement in the juvenile justice system. The system's failure to address these issues undermines its rehabilitative goals, necessitating specialized programming and support to ensure these youth can develop into healthy, contributing adults.
When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas
When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas
Law Faculty Scholarly Articles
Imagine “Mary,” a sixteen-year-old junior in high school, who has been dating “John,” a seventeen-year-old senior, for three years in a serious relationship. Mary knows that she and John should practice safe sex, and she does not want to become pregnant or catch a sexually transmitted disease. However, she is concerned that her parents will not approve of her activities and will not help her in obtaining contraceptives. John also feels that he is mature enough to make the decision to have sex, yet he knows that his parents will want to consent before he can receive condoms from his …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Fuck, Christopher M. Fairman
Fuck, Christopher M. Fairman
ExpressO
This Article is as simple and provocative as its title suggests: it explores the legal implications of the word fuck. The intersection of the word fuck and the law is examined in four major areas: First Amendment, broadcast regulation, sexual harassment, and education. The legal implications from the use of fuck vary greatly with the context. To fully understand the legal power of fuck, the nonlegal sources of its power are tapped. Drawing upon the research of etymologists, linguists, lexicographers, psychoanalysts, and other social scientists, the visceral reaction to fuck can be explained by cultural taboo. Fuck is a taboo …
Proceed At Your Own Risk: The Balance Between Academic Freedom And Sexual Harassment, John E. Matejkovic, David A. Redle
Proceed At Your Own Risk: The Balance Between Academic Freedom And Sexual Harassment, John E. Matejkovic, David A. Redle
Brigham Young University Education and Law Journal
No abstract provided.
Unanimously Wrong, Dale Carpenter
Unanimously Wrong, Dale Carpenter
Faculty Journal Articles and Book Chapters
The Supreme Court was unanimously wrong in Rumsfeld v. FAIR. Though rare, it's not the first time the Court has been unanimously wrong. Its most notorious such decisions have come, like FAIR, in cases where the Court conspicuously failed even to appreciate the importance of the constitutional freedoms under attack from legislative majorities. In these cases, the Court's very rhetoric exposed its myopic vision in ways that now seem embarrassing. Does FAIR, so obviously correct to so many people right now, await the same ignominy decades away? FAIR was wrong in tone, a dismissive vox populi, adopted by a Court …
Why Segregated Schools For Gay Students May Pass A "Separate But Equal" Analysis But Fail Other Issues And Concerns, Louis P. Nappen
Why Segregated Schools For Gay Students May Pass A "Separate But Equal" Analysis But Fail Other Issues And Concerns, Louis P. Nappen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case
Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case
University of Colorado Law Review
No abstract provided.
Abstinence-Only Adolescent Education: Ineffective, Unpopular And Unconstitutional, James J. Mcgrath
Abstinence-Only Adolescent Education: Ineffective, Unpopular And Unconstitutional, James J. Mcgrath
ExpressO
This article examines the recent changes in the funding of “abstinence only” educational programs that attempt to reduce the incidence of teen pregnancy and sexually transmitted diseases. Although funding for these programs was previously ruled to be facially constitutional, this is no longer the case as their lack of efficacy for their stated purpose has been exposed. Newer programs are in direct violation of unconstitutional conditions doctrine, and none of these programs address a significant segment of the student population, lesbian and gay students. My article addresses this oversight as dangerous public health policy as well as a potential constitutional …
Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart
Brigham Young University Education and Law Journal
No abstract provided.
The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell
The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell
Brigham Young University Education and Law Journal
No abstract provided.
Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell
Brigham Young University Education and Law Journal
No abstract provided.
Responding To Public School Peer Sexual Harassment In The Face Of Davis V. Monroe County Board Of Education, Lillian Chaves
Responding To Public School Peer Sexual Harassment In The Face Of Davis V. Monroe County Board Of Education, Lillian Chaves
Brigham Young University Education and Law Journal
No abstract provided.
Educating Our Future: An Analysis Of Sex Education In The Classroom, Michael J. Fucci
Educating Our Future: An Analysis Of Sex Education In The Classroom, Michael J. Fucci
Brigham Young University Education and Law Journal
No abstract provided.
Liability For Student-To-Student Sexual Harassment Under Title Ix In Light Of Davis V. Monroe County Board Of Education, George M. Rowley
Liability For Student-To-Student Sexual Harassment Under Title Ix In Light Of Davis V. Monroe County Board Of Education, George M. Rowley
Brigham Young University Education and Law Journal
No abstract provided.
Regulating Sexual Relationships Between Faculty And Students, Margaret H. Mack
Regulating Sexual Relationships Between Faculty And Students, Margaret H. Mack
Michigan Journal of Gender & Law
Universities must create an effective learning environment for students; university policy should be directed at creating an atmosphere of mutual respect and trust. Whenever a faculty-student sexual relationship causes a student to drop a class, or a thesis, or school, that student has suffered a serious harm. Universities cannot simply answer that the student consented to the relationship and should handle the consequences. A university without a well-established and promulgated policy, one that at least acknowledges the risks involved in faculty-student sexual relationships and gives students a list of faculty and staff members to contact for support, seriously fails the …
Consensual Relationships And The Constitution: A Case Of Liberty Denied, Gary E. Elliot
Consensual Relationships And The Constitution: A Case Of Liberty Denied, Gary E. Elliot
Michigan Journal of Gender & Law
On many university and college campuses, there exists an anti-civil-libertarian spirit reminiscent of the McCarthy period. During the 1940s and early 1950s, regents, trustees, academic administrations, and the American Association of University Professors (AAUP), although each for a different reason, persuaded the Academy to repress personal liberty. It is difficult to pinpoint precisely when constitutionally and statutorily protected liberties and rights became secondary to insulating educational institutions from damage suits in their pursuit of a selective social and political agenda.
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
West Virginia Law Review
No abstract provided.
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Michigan Journal of Gender & Law
In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found …
Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson
Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson
All Faculty Scholarship
Take the case of James Maas, who has been teaching at Cornell University for more than 30 years and whose Psychology 101 is perhaps the largest undergraduate course in the country (attracting about 1,000 students every semester). He was won numerous teaching awards. In 1994, Mr. Maas was called before Cornell's "Professional Ethics Committee" to defend himself against charges of sexual harassment. The allegations centered around his "overly friendly and affectionate behavior" - which, it turns out, were hugs and occasional social kisses, most often in front of class or family.
The most notable example of a professor who stood …
Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams
Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams
Faculty Articles and Other Publications
Reports on the decision of the United States Supreme Court in Davis v. Monroe Board of Education which dealt with student-on-student sexual harassment.
When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams
When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams
Faculty Articles and Other Publications
This article discusses peer hostile environment sexual harassment. It examines the circuit court caselaw on the issue and the legislative history of Title IX, provides an overview of the Supreme Court precedent interpreting Title IX, outlines the Department of Education’s interpretation of Title IX’s requirements concerning peer hostile environment sexual harassment, and discusses analogous legal principles underlying the analysis of student-to-student hostile environment sexual harassment.