Sexual harassment - Title IX - Fifth Circuit holds school district not liable for student-to-student sexual harassment. - Rowinsky v. Bryan Independent School District, 80 F.3d 1006 (5th Cir.), cert. denied, 65 U.S.L.W. 3033 (U.S. Oct. 7, 1996)(No. 96-4)
Article Abstract:
The US Court of Appeals for the Fifth Circuit reached the wrong conclusion in finding in Rowinsky v. Bryan Independent School District that Title IX claims cannot include hostile learning environment sexual harassment claims against schools for the actions of third parties. The Court was correct to consider Congressional intent, Supreme Court precedent and Office of Civil Rights guidance, but it misinterpreted all three. The Supreme Court's broad interpretation of Title IX suggests that schools could be held responsible for the actions of third parties under their supervision.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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Constitutional law - equal protection - affirmative action - Fifth Circuit holds that educational diversity is no longer a compelling state interest. - Hopwood v. Texas, 78 F.3d 932 (5th Cir.), cert. denied, 116 S. Ct. 2581 (1996)
Article Abstract:
The US Court of Appeals for the Fifth Circuit overstepped its judicial role in Hopwood v. Texas in finding that diversity was not a compelling government interest sufficient to justify racial preferences in higher education. The Court should have limited its decision to finding that the University of Texas law school failed to meet equal protection standards for remedial race-based admissions standards. Instead of anticipating possible Supreme Court rulings, the Court should have considered whether alumni preferences would have the effect of discriminating against minorities.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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Constitutional law - affirmative action - First Circuit holds that public exam school policy that uses race as an admissions factor offends the Equal Protection Clause. - Wessmann v. Gittens, 160 F.3d 790 (1st Cir. 1998)
Article Abstract:
The US Court of Appeals for the 1st Circuit, in Wessmann v. Gittens in 1998, ruled that a public secondary school's race-conscious admissions policy violated the Equal Protection Clause. The Court applied the correct standard of review for affirmative action cases by requiring the state to prove the policy necessary to serve a compelling governmental interest. However, the Court misconstrued that standard by ignoring the evidence for remedying past discrimination as a compelling interest.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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- Abstracts: Constitutional law - Tenth Amendment - Ninth Circuit holds interim enforcement provisions of the Brady Bill constitutional - Mack v. United States, 66 F.3d 1025 (9th Cir. 1995), petition for cert. filed, 64 U.S.L.W. 3642 (U.S. Mar. 15, 1996)(No. 95-1478)
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