Volume 9, Issue 1 (1998)

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Table of Contents

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United States v. Nixon Oral Argument

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Race, Angst, and Capital Punishment: The Burger Court's Existential Struggle
Katherine R. Kruse

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Civil Rights - Title IX of the Education Amendments of 1972 - Implied Private Right of Action Under Title IX Will Not Lie by Reason of Teacher's Sexual Harassment of Student Where District Official with Authority Did Not Have Actual Notice of and Was Not Deliberately Indifferent to Such Conduct - Gebser v. Lago Vista Independent School District, 118 S. Ct. 1989 (1998).
Michael P. Meliti

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Redefining the Parameters of Title VII in Accordance with Equal Protection Standards: The United States Supreme Court's Recognition of Same-Sex Sexual Harassment as a Form of Discrimination
Janet Castro

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First Amendment & 20 U.S.C. § 954 - Freedom of Speech - Requiring the Chairperson of the National Endowment for the Arts to Take Into Account General Standards of Decency When Judging Grant Applications Does Not Violate the Free Speech Clause of the First Amendment - National Endowment for the Arts v. Finley, 118 S. Ct. 2168 (1998).
David Lawrence Burnett

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Fourteenth Amendment & 42 U.S.C. § 12182 - The Americans with Disabilities Act of 1990 - Persons with Asymptomatic HIV Infection Are Entitled to ADA Protection From Discrimination and Such Condition Qualifies as a Physical Impairment That Substantially Limits the Major Life Activity of Reproduction - Bragdon v. Abbott, 118 S. Ct. 2196 (1998).
Gary J. Ruckelshaus

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Fifth, Sixth, & Fourteenth Amendments - Privilege Against Self-Incrimination, Right to Counsel, Due Process Clause, and Fundamental Fairness Doctrine - Inculpatory Statements Made to a Social Worker in Absence of Miranda Warnings in a Noncustodial Civil Investigation Are Not in Violation of a Defendant's Fifth, Sixth or Fourteenth Amendment Rights and Therefore, Are Admissible in Subsequent Criminal Proceedings - New Jersey v. P.Z., 152 N.J. 86, 703 A.2d 901 (1997).
Maureen K. McLeer

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Fourteenth Amendment - Due Process, Equal Protection and Law Against Discrimination - Material Issue of Fact as to Whether County Sheriff Engaged in Discriminatory Harassment by Uttering One Racial Epithet That Was Sufficiently Severe to Create a Hostile Work Environment and Would Cause a Reasonable African American to Suffer Severe Emotional Distress Precluded Summary Judgment for Sheriff - Taylor v. Metzger, 152 N.J. 490, 706 A.2d 685 (1998).
David C. Cox

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The Constitution of the United States of America