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Gender and Sexuality Commons

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Articles 1 - 5 of 5

Full-Text Articles in Gender and Sexuality

Coercing Privacy, Anita L. Allen Mar 1999

Coercing Privacy, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Lying To Protect Privacy, Anita L. Allen Jan 1999

Lying To Protect Privacy, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Discrimination As Accident, Amy L. Wax Jan 1999

Discrimination As Accident, Amy L. Wax

All Faculty Scholarship

This Article seeks to examine how the law should respond to unconscious or automatic forms of cognitive bias that are thought to produce less favorable treatment of employees in the workplace because of race or sex ("unconscious disparate treatment"). Assuming that inadvertent bias is a form of workplace "accident," and using familiar principles of accident law and economic analysis, the Article concludes that extending the framework created by existing anti-discrimination laws to cover disparate treatment that stems from unconscious group-based biases is not a good idea because it is unlikely to serve the principal goals of a liability scheme (deterrence, …


The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake Jan 1999

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 …


Pimps And Predators On The Internet, Donna M. Hughes Dr. Dec 1998

Pimps And Predators On The Internet, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.