The institution of incapacitation is perceived in the context of the assurance of legal support for people who, due to the condition of their health and to other circumstances, require such support. Pursuant to Article 12 of the Convention on the Rights of Persons with Disabilities: States Parties reaffirm that persons with disabilities have the…

For nearly half a century, the Federal Communications Commission (FCC) has been exercising its authority to grant and deny applications for broadcast licenses. In the process of comparison used by the FCC to assess qualified new applicants, two considerations weigh heavily: (1) the best practicable service to the public, and (2) maximum diffusion…

This document addresses nondiscrimination on the basis of age in programs or activities receiving federal financial assistance. It consists of the amendments made in the notice of Final Regulations published in the Federal Register on November 13, 2000. Its purpose is to set out the Department of Education's rules for implementing the Age…

Examines the constitutional and statutory background of the affirmative action/reverse discrimination issue and analyzes judicial decisions confronting the dilemma. Explores grounds on which the Supreme Court might permit voluntary affirmative action using quotas. Available from Executive Secretary, Vanderbilt Law Review, Vanderbilt University,…

This document addresses nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance. It includes the amendments made in the notice of Final Regulations published in the Federal Register on November 13, 2000. The amendments effectuate Title IX of the Education Amendments of 1972. The official…

This document addresses the provisions of Title VI of the Civil Rights Act of 1964 to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal…

HEW regulations under Title IX of the Education Amendments of 1972 have mostly affected athletic programs in institutions of higher education. Issues discussed include sex discrimination case law; separate-but-equal concept; sex discrimination in athletics: separate is equal; Title IX's regulations; and the extent to which Title IX reaches. (MLW)

This hearing transcript presents testimony, a prepared statement, and supplemental materials provided by Evan J. Kemp, Jr., Chairman of the Equal Employment Opportunities Commission (EEOC), specifically related to implementation of the Americans with Disabilities Act (ADA). The hearing deals with EEOC enforcement strategies for implementing Title…

Legal and policy challenges may occur in institutions affiliating with both the National Collegiate Athletic Association and the Association for Intercollegiate Athletics for Women in areas concerning women's sports. The critical question is how to maintain necessary financial support for viable women's programs. (MSE)

Reviews the two major elements (an employer survey and a hiring audit) of the General Accounting Office (GAO) study of discrimination related to implementation of the Immigration Reform and Control Act (IRCA). Notes some of the criticisms lodged against each element, and discusses policy implications of the report. (AF)

Responds to the article by Fix and Bean in this issue on the General Accounting Office (GAO) report on discrimination related to provisions of the Immigration Reform and Control Act (IRCA). Questions interpretation of the GAO report and an Urban Institute-sponsored study. Endorses IRCA and recommends stronger employer sanctions. (AF)

Examines the study by the U.S. General Accounting Office (GAO) on the implementation of the employer sanctions requirement of the Immigration Reform and Control Act of 1986 (IRCA). Discusses citizenship discrimination and other possible discriminatory influences. Applauds the study's contribution while urging attention to omitted issues such as…

Discusses the history, legal standards, and enforcement procedures of Title IV and Title VI of the Civil Rights Act of 1964 and the role those statutes have played in the federal enforcement of the equal protection clause. (82 references) (MLF)

Examines the Internal Revenue Service's proposed procedures for reviewing the tax exempt status of private schools and the controversy surrounding the procedure. Concludes that fair administration of the procedure will result in net benefit to all concerned. Available from William and Mary Law Review, College of William and Mary, Williamsburg, VA…

Problems caused by the tax law and Department of the Treasury regulations related to the income exclusion for scholarships and fellowships and the deduction of job-related educational expenses were studied. Legislative changes that may reduce the amount of controversy generated by these two sections of the Internal Revenue Code are recommended. A…