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Social and Behavioral Sciences Commons™
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Full-Text Articles in Social and Behavioral Sciences
Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace
Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace
Sherri L. Wallace
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …